Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2016

 

Denied November 9, 2016

McMahon v. Robey - Pet. Docket No. 452




Granted November 9, 2016

Jayson Amster v. Rushern L. Baker, County Executive For Prince George's County et al. - Case No. 63, September Term, 2016

Issue – State Government – Does the invocation of the Commercial Exemption in the Md. Public Information Act eliminate the statutory bias favoring disclosure, judicial oversight of facts and efforts to facilitate access to non-commercial or publicly known information?

Deer Automotive Group, LLC t/a Liberty Ford v. Barbara Brown et al. - Case No. 62, September Term, 2016

Issue – Civil Procedure – Is an order of the trial court denying a petition to compel arbitration, the sole issue in a separately-docketed case, a final judgment when there is pending a previously-filed case in the same court addressing all the substantive issues between the same parties in the same transactions?

Miguel A. Fuentes v. State of Maryland - Case No. 64, September Term, 2016

Issues – Criminal Law – 1) Was the evidence legally insufficient to support Petitioner’s convictions where the convictions were contingent on Ms. R’s status as a “mentally defective” individual and the State failed to present evidence that she had been diagnosed with either mental retardation or a mental disorder? 2) Where Petitioner’s knowledge of Ms. R’s purported mental deficiency was a required element of both convictions, was it reversible error for the State to inform the jury at closing argument that Petitioner had admitted to taking advantage of her “mental diminished capacity” in an interview that was never admitted into evidence at trial? 3) Where Ms. R’s ability to understand the conduct of others and to communicate with others was central to the jury’s determination of whether she could be considered a “mentally defective” individual, did the trial court err in refusing to allow the defense to present employment performance evaluations that assessed both of these skills during her employment, when the sexual activity took place?

Grant Agbara Lewis v. State of Maryland - Case No. 61, September Term, 2016

Issues – Criminal Law – 1) If an out-of-state witness is in Maryland pursuant to a summons issued by the witness’s home state, and an accompanying judicial order from that state as well as the governing Maryland statute explicitly grant the witness immunity from prosecution in Maryland, may a Maryland court nonetheless exercise jurisdiction over the witness’s prosecution? 2) Is immunity from prosecution waived by failing to file a pre-trial motion under Md. Rule 4-252?

 

Granted November 15, 2016

State of Maryland v. Anthony Allen Crawley - Case No. 65, September Term, 2016

Issue – Criminal Law – Did CSA improperly vacate Respondent’s corrected sentence, where the trial court, pursuant to Greco v. State, 427 MD. 477 (2012), corrected the illegality in Respondent’s sentence by the addition of a period of probation in order to effectuate the split sentence imposed in the case?

County Council of Prince George's County, MD sitting as the District Council v. Chaney Enterprises Limited Partnership et al. - Case No. 66, September Term, 2016

Issues – Land Use – 1) Does § 22-407 of the Land Use Article (“L.U.”) and Md. Rule 7-201, et seq., authorize the filing of a petition for judicial review as a modality to maintain a judicial challenge to an area master plan? 2) Does L.U. § 22-407 and Md. Rule 7-201 et seq., authorize a non-party to an agency proceeding approving an area master plan to file a petition for judicial review as a modality to maintain a judicial challenge to the approved plan? 3) Does Anne Arundel Co. v. Bell, 442 Md. 539 (2015) require Respondents to demonstrate taxpayer standing in order to maintain a judicial challenge to an area master plan? 4) Did Respondents fail to exhaust administrative remedies? 5) Did CSA err when it invalidated Petitioner’s area master plan? 6) Are the mining restrictions, including the categorical ban on mining, imposed by Petitioners through amendments to the Subregion 5 Master Plan are preempted by the comprehensive and all-encompassing State law regulatory scheme governing surface mining?

 

Granted November 22, 2016

Charles C. Reger v. Washington County Board of Education et al. - Case No. 68, September Term, 2016

Issue – Workers’ Compensation – When a state employee is found to have a compensable injury under the Workers’ Compensation Act and is then found to be entitled to ordinary retirement disability benefits for a different injury, is it inappropriate to absolve the insurer of its liability under the Workers’ Compensation Act and thus prevent the injured worker from obtaining any recovery for a single injury because they recovered for a different injury?

 

Denied November 23, 2016

Adams v. Dept. of Parole and Probation - Pet. Docket No. 365
Anne Arundel Co. v. McKenzie - Pet. Docket No. 358
Briscoe, Michael D. v. State - Pet. Docket No. 356
Burke, Earl E. v. State - Pet. Docket No. 415
Carter v. Housing Auth. of Baltimore City - Pet. Docket No. 368
Chow v. Brown - Pet. Docket No. 292
Colkley v. Levitas - Pet. Docket No. 383
Conover v. Fisher - Pet. Docket No. 331
Doe, John v. State, et al. - Pet. Docket No. 351
Dulleh, Awa v. State - Pet. Docket No. 306
Duncan v. Potkin - Pet. Docket No. 348
Evans, Tony A. v. State - Pet. Docket No. 262
FC Gen Real Estate v. Commercial Contractors Group - Pet. Docket No. 341
Fullard, James A., Sr. v. State - Pet. Docket No. 364
Gaffney, Marqual v. State - Pet. Docket No. 422
Go-Getters v. Somerset Co. Sanitary District - Pet. Docket No. 369
Grant v. Charmay, Inc. - Pet. Docket No. 278
Hansberger v. Smith - Pet. Docket No. 350
In re: Adoption/Guardianship of Benjamin F. - Pet. Docket No. 334
In re: Adoption/Guardianship of K.D. and A.B. - Pet. Docket No. 384
In re: Adoption/Guardianship of L.B. and I.L. - Pet. Docket No. 387
Jareaux v. Proctor - Pet. Docket No. 353
Javitt v. Cunningham Contracting - Pet. Docket No. 345
Johnson, Anthony v. State - Pet. Docket No. 405
Johnson, Larry Jerome v. State - Pet. Docket No. 402
Johnson, Patricia Lynn v. State - Pet. Docket No. 245
Jordan, Michael Anthony v. State - Pet. Docket No. 388
Keenan, Darius Rodmond, Jr. v. State - Pet. Docket No. 396
Lay, John Robert v. State, et al. - Pet. Docket No. 380
Layfield v. Insley - Pet. Docket No. 382
Lewin v. Balakhani - Pet. Docket No. 386
Manase v. Anne Arundel Co. Dept. of Social Services - Pet. Docket No. 335
McAllister, John v. State - Pet. Docket No. 367
Miller v. Bd. of Education of Baltimore Co. - Pet. Docket No. 363
Morgan, Lawrence H. v. State - Pet. Docket No. 414
One West Bank v. Wills - Pet. Docket No. 381
Parker, Willie Lee v. State - Pet. Docket No. 373
Potter, Herbert Stacy v. State - Pet. Docket No. 322
Reynolds, Eric v. State - Pet. Docket No. 390
Rivers, Reco Lavar & Cavin, Latrice Nicole v. State - Pet. Docket No. 378
Sydnor v. Hathaway - Pet. Docket No. 346
Talon's Village v. Somerset Co. Sanitary District - Pet. Docket No. 372
Thomas, Joseph v. State - Pet. Docket No. 231
Toler, Michael A. v. State - Pet. Docket No. 409
Topp, Thelonious v. State - Pet. Docket No. 374
Williams Realty v. Bd. of Liquor License Comm'rs of Baltimore City - Pet. Docket No. 357