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IN THE COURT OF APPEALS OF MARYLAND Thursday, April 30, 2009: Bar Admissions AG 4 Attorney Grievance Commission of Maryland v. Jeffrey Lawson Attorney for Petitioner: Dolores O. Ridgell AG 3 Attorney Grievance Commission of Maryland v. Michael U. Gisriel Attorney for Petitioner: Dolores O. Ridgell No. 156 Sharon Roosevelt v. Mehmet Yavuz Corapcioglu ISSUE - FAMILY LAW - WHETHER THE STATE LAW DEFINITION OF “CHILD SUPPORT” AS AN ONGOING OBLIGATION PURSUANT TO 12-200 ET SEQ IS APPROPRIATELY USED TO DETERMINE WHETHER AN ENTITLEMENT OR RIGHT AWARDED TO A DEPENDENT OF A PARTICIPANT, PURSUANT TO A DOMESTIC RELATIONS ORDER, IMPERMISSIBLY FRUSTRATES THE PREEMPTION PROVISION AND THE LIMITED EXCEPTION TO THE ANTI-ALIENATION CLAUSE PROVIDED FOR BY REA? Attorney for Appellant: Alice Pare-Johnson No. 126 Karl Lymont Thompson v. State of Maryland ISSUES - CRIMINAL LAW - (1) DID THE LOWER COURT CORRECTLY DETERMINE THE TRIAL COURT PROPERLY ADMITTED EVIDENCE OF PRIOR SEXUAL ASSAULT BY THE DEFENDANT AGAINST THE SAME VICTIM? (2) DID THE LOWER COURT CORRECTLY DETERMINE THAT IT WAS WITHIN THE TRIAL COURT’S DISCRETION TO AMEND AN INDICTMENT ALTERING THE DATE AND LOCATION OF PETITIONER’S CRIMINAL ACTS AGAINST A MINOR? Attorney for Appellant: Meaghan McLaine No. 138 Rodney Wayne Bible v. State of Maryland ISSUE - CRIMINAL LAW - DID THE LOWER COURT PROPERLY HOLD THAT THE EVIDENCE WAS SUFFICIENT TO SUSTAIN PETITIONER’S CONVICTIONS FOR THIRD DEGREE SEX OFFENSE AND RELATED CRIMES? Friday, May 1, 2009: No. 127 Marvie Edward Brye v. State of Maryland ISSUE - CRIMINAL LAW - DID THE LOWER COURT PROPERLY DETERMINE THERE WAS NO REVERSIBLE ERROR WITH RESPECT TO THE TRIAL COURT’S ADVISEMENTS PRIOR TO PETITIONER’S DISCHARGE OF COUNSEL? Attorney for Appellant: Kellie M. Black No. 122 Pablo Guillermo Lancaster v. State of Maryland ISSUE - CRIMINAL LAW - DID THE LOWER COURT ERR WHEN IT HELD THAT THE TRIAL COURT DID NOT ABUSE ITS DISCRETION WHEN IT ISSUED A BROAD PRE-TRIAL PROTECTIVE ORDER? Attorney for Appellant: Amanada M. Downs No. 137 Dylan McQuitty, a Minor, etc., et al. v. Donald Spangler, et al. ISSUES - MEDICAL MALPRACTICE - (1) DOES AN INFORMED CONSENT CLAIM EXIST UNDER MARYLAND LAW WHERE A PHYSICIAN WITHHOLDS MATERIAL INFORMATION FROM HIS PATIENT ABOUT CHANGES IN HER MEDICAL STATUS, WHICH WOULD HAVE NEGATED HER CONSENT TO FURTHER DELAY IN OPERATIVE TREATMENT CAUSING HARM? (2) DOES AN INFORMED CONSENT CLAIM EXIST UNDER MARYLAND LAW IN THE ABSENCE OF DAMAGES CAUSED BY A BATTERY COMMITTED BY THE PHYSICIAN? Attorney for Appellant: Henry E. Dugan, Jr.
Monday, May 4, 2009: AG 9 Attorney Grievance Commission of Maryland v. Jose Expedito Garcia Attorney for Petitioner: Gail D. Kessler
Attorney for Petitioner: Gail D. Kessler No. 139 Lonaconing Trap Club, Inc. v. Maryland Department of the Environment ISSUES - ENVIRONMENT - COMAR - (1) DID THE LOWER COURTS VIOLATE THE EQUAL PROTECTION CLAUSE BY PERMITTING MDE TO APPLY DECIBEL LEVEL LIMITS TO ONLY ONE SPORTSHOOTING CLUB IN ALLEGANY COUNTY AND THE MAJORITY OF THE STATE’S POLITICAL SUBDIVISIONS? (2) DID THE LOWER COURTS COMMIT LEGAL ERROR BY FINDING THAT ENVIRONMENT ARTICLE SECTION 3-401 AS WRITTEN APPLIED TO THE PETITIONER WITHOUT REQUIRING MDE TO ADOPT NEW DECIBEL LEVEL LIMITS OR REGULATIONS? No. 133 Motor Vehicle Administration v. Adam Leigh Shea ISSUE - TRANSPORTATION - DOES A POLICE OFFICER’S CERTIFICATION THAT A MODERATE ODOR OF AN ALCOHOLIC BEVERAGE WAS OF SUFFICIENT STRENGTH TO SUSPECT THAT A MOTORIST WAS DRIVING WHILE IMPAIRED BY ALCOHOL, ALONG WITH SUBSEQUENT FIELD SOBRIETY TESTS THAT LED TO THE DRIVER’S ARREST, ALLOW AN ADMINISTRATIVE LAW JUDGE TO FIND REASONABLE GROUNDS TO REQUEST AN ALCOHOL CONTENT TEST UNDER TRANSPORTATION ARTICLE SECTION 16-205(b)(2), WITHOUT APPLICATION OF FOURTH AMENDMENT STANDARDS TO EVALUATE THE SUFFICIENCY OF A POLICE OFFICER’S REASONABLE GROUNDS?
No. 136 Raymond B. Cuffley, Jr. v. State of Maryland ISSUE - CRIMINAL LAW - DID THE TRIAL COURT PROPERLY DENY PETITIONER’S MOTION TO CORRECT ILLEGAL SENTENCE? Attorney for Appellant: Marc A. DeSimone, Jr. No. 135 Paul Antoine Baines v. State of Maryland ISSUE - CRIMINAL LAW - ALFORD PLEA - DID THE SENTENCE IMPOSED BY THE TRIAL COURT CONFORM TO THE PLEA AGREEMENT? Attorney for Appellant: Brian L. Zavin
ISSUES - CRIMINAL LAW - (1) SHOULD A TRIAL COURT’S DECISION WHETHER TO ADMIT EXPERT TESTIMONY CONTINUE TO BE A MATTER WITHIN ITS DISCRETION? (2) DID THE TRIAL COURT PROPERLY EXERCISE ITS DISCRETION IN FINDING THAT A DOCTOR’S TESTIMONY WOULD NOT BE HELPFUL TO THE JURY IN EVALUATING THE IDENTIFICATION OF PETITIONER BY A DETECTIVE? Attorney for Appellant: Marc A. DeSimone, Jr. No. 131 Zi’Tashia Jackson, a Minor, et al. v. The Dackman Company, et al. ISSUES - CONSTITUTIONAL LAW - COMMERCIAL - LEAD PAINT ACT - (1) IS THE REDUCTION OF LEAD IN HOUSING ACT CONSTITUTIONAL? (2) DOES THE ACT APPLY TO CLAIMS WHERE A CHILD’S BLOOD-LEAD LEVEL NEVER REACHED THE APPLICABLE THRESHOLD? (3) DOES THE ACT PROVIDE LANDLORD WITH IMMUNITY FROM A LEAD-POISONED CHILD’S CLAIMS BROUGHT UNDER MARYLAND’S CONSUMER PROTECTION ACT? (4) WHETHER UNDER MD. CODE ANN., ENV’T. SECTION 6-801 ET SEQ. (2008) RENEWAL OF A PROPERTY REGISTRATION IS COMPLETE UPON MAILING THE RENEWAL FORM TO MDE? Attorney for Appellant: Brian S. Brown ISSUES - CRIMINAL LAW - (1) DID THE LOWER COURT ERR IN ADDING A NEW REQUIREMENT FOR ASSERTING A DURESS DEFENSE IN A CRIMINAL CASE - THAT THE PETITIONER HAVE ATTEMPTED AT THE EARLIEST POSSIBLE OPPORTUNITY TO STOP OR THWART THE OFFENSE HE WAS COMPELLED TO COMMIT? (2) WAS THE DEFENSE OF DURESS NOT AVAILABLE TO THE FELONY MURDER CHARGE IN THIS CASE? Attorney for Appellant: Michael T. Morley
On the day of argument, counsel are instructed to register in the Clerk’s Office no later than 9:30 a.m. unless otherwise notified.
BESSIE M. DECKER
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