Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2016

Granted May 9, 2017

Lillian C. Blentlinger, LLC; William L. Blentlinger, LLC v. Cleanwater Linganore, Inc. et al. - Case No. 13, September Term, 2017

Issues – 1) Did CSA err by holding that a Development Rights and Responsibilities Agreement (“DRRA”), in order to be valid, must include “enhanced public benefits” to the local governing body? 2) Did CSA err by holding that Petitioners’ proffer of a school site did not constitute adequate consideration for the DRRA?

Shelia Davis et al. v. Frostburg Facility Operations, LLC d/b/a Frostburg Village - Case No. 12, September Term, 2017

Issues – Torts – 1) Did CSA err in holding that Petitioner was required to file in the Md. Healthcare Alternative Dispute Resolution Office so that office could make the initial determination of whether Petitioner’s injuries were the result of ordinary negligence or medical negligence? 2) Did CSA err in holding that Petitioners’ complaint was not sufficient on its face to survive the granting of a motion to dismiss on the remaining counts?

Jerry Harris v. State of Maryland - Case No. 9, September Term, 2017

Issues – Criminal Law – 1) Did the trial court abuse its discretion by issuing a missing witness instruction concerning Petitioner’s mother, without conducting any inquiry or making any findings as to whether they had a relationship that would have rendered her peculiarly available to the defense? 2) Is a mother/son relationship, without more, sufficient to establish that the mother is peculiarly available to the son for purposes of the missing witness rule? 3) Did CSA err in finding that the trial court committed harmless error when it allowed a detective to testify that Petitioner had invoked his right to an attorney during a police interview?

Curtis Maurice Lopez v. State of Maryland - Case No. 11, September Term, 2017

Issue – Criminal Procedure – Is a music video/slide show depicting the lives of the victims a permissible form of victim impact evidence, and does its admission violate a criminal defendant’s rights under the Eighth and Fourteenth Amendments to the United States Constitution?

Isa Manuel Santiago v. State of Maryland - Case No. 10, September Term, 2017

Issues- Criminal Law – 1) Did CSA err in holding that the trial court properly admitted testimony from the State’s cellular communication expert when the expert admitted his opinion was based on a critical assumption the factual underpinning of which was not established and a report that was destroyed before trial? 2) Did CSA err in holding that the trial court properly admitted evidence of Petitioner’s silence during an investigation by his automobile insurer that was related to and concurrent with the police investigation in this case?

 

Denied May 22, 2017

Anibaba v. Dept of Health & Mental Hygiene - Pet. Docket No. 1 *
Barber, Rahymeen v. State - Pet. Docket No. 41 *
Bright, David Miles v. State - Pet. Docket No. 628
Chow v. Brown - Pet. Docket No. 624
Claybrooks v. Bishop - Pet. Docket No. 563
Coit, Vernon Birdell v. State - Pet. Docket No. 46 *
Coleman v. Wards - Pet. Docket No. 7 *
Coulibaly v. Gaye-Coulibaly - Pet. Docket No. 32 *
Cousins, Earl Sylvester v. State - Pet. Docket No. 25 *
Duyile v. Hunting Ridge Condo. Ass'n - Pet. Docket No. 554
Dyson, Antoine M. v. State - Pet. Docket No. 632
Epps v. Bank of America - Pet. Docket No. 35 *
Fullard, Bennie, Jr. v. State - Pet. Docket No. 27 *
Hanson-Metayer v. Rach - Pet. Docket No. 21 *
Hiett v. AC&R Insulation - Pet. Docket No. 22 *
Hunt, Justin Duncan v. State - Pet. Docket No. 36 *
In re: Custody/Guardianship of I.M. - Pet. Docket No. 606
In re: Munwell O. - Pet. Docket No. 13 *
Jesmer v. Town of Denton - Pet. Docket No. 55 *
Jones, Joseph Michael v. State - Pet. Docket No. 570
Jones, Phillip Alvin v. State - Pet. Docket No. 600
Little, Leon, Jr. v. State - Pet. Docket No. 24 *
Lomax, Corey T. v. State - Pet. Docket No. 633
Manning, Kevin Robert v. State - Pet. Docket No. 619
Martin, Randall, Jr. v. State - Pet. Docket No. 56 *
Matthias, Ryan Patrick v. State - Pet. Docket No. 59 *
McKenny, Donte I. v. State - Pet. Docket No. 51 *
Metter, Philip v. State - Pet. Docket No. 40 *
Morancy v. O'Sullivan, Brady, Theologou, et al. - Pet. Docket No. 622
Nachbauer v. Bd. of Appeals, Dept. of Labor, Licensing & Regulation - Pet. Docket No. 453
Nichols, Daryl v. State - Pet. Docket No. 108 *
Perry, Brooks S. v. State - Pet. Docket No. 465
Rehkemper v. O'Brien - Pet. Docket No. 8 *
Rice v. Kosirock - Pet. Docket No. 582
Santos, Anthony v. State - Pet. Docket No. 509
Scaletta, Jason Matthew v. State - Pet. Docket No. 9 *
Sesay, Pasheka v. State - Pet. Docket No. 26 *
Silver-Sparta v. Moore - Pet. Docket No. 12 *
Smith, Wayde Andrew, Jr. v. State - Pet. Docket No. 639
Smoot v. Sec'y, Dept. of Public Safety & Correctional Services- Pet. Docket No. 5 *
Spear v. Stonegate Title Co. - Pet. Docket No. 11 *
Stamps, Rupert v. State - Pet. Docket No. 43 *
Torbitt v. Baltimore City Police Dept. - Pet. Docket No. 38 *
West v. Luest - Pet. Docket No. 23 *








* 2017 Term

Granted May 23, 2017

Rudy Ismael Manchame-Guerra v. State of Maryland - Case No. 14, September Term, 2017

Issues – Criminal Procedure – 1) Did this Court’s decision in Peterson v. State, 444 Md. 105 (2015), alter the threshold a factual proffer must satisfy to permit questioning of a witness’s subjective expectation of a benefit under Md. Rule 5-616(a)(4)? 2) Did the trial court err in prohibiting defense counsel from questioning the State’s main witness about whether he subjectively expected a benefit in exchange for his statements and testimony in this case?