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SCHEDULE Thursday, November 29, 2007: No. 49 The Johns Hopkins Hospital et al. v. Jane E. S. Correia et ux. ISSUE - WHETHER THE LOWER COURT ERRED AS A MATTER OF LAW WHEN IT AFFIRMED TRIAL COURT'S DECISION TO INSTRUCT THE JURY THAT THE ELEVATOR OWNER OWED THE ELEVATOR PASSENGER "THE HIGHEST DEGREE OF CARE AND SKILL AND DILIGENCE, PRACTICABLE UNDER THE CIRCUMSTANCES TO GUARD AGAINST INJURY?"
AG 50 Attorney Grievance Commission of Maryland v. Alan Edgar Harris Attorney for Petitioner: Glenn M. Grossman
ISSUE - CRIMINAL LAW - DOES SINGLE LARCENY DOCTRINE REQUIRE CONSECUTIVE SENTENCES ON SEPARATE COUNTS OF FELONY THEFT MERGE WHERE STATE RELIES UPON DOCTRINE WITHIN EACH COUNT TO AGGREGATE THE VALUE OF ITEMS STOLEN FROM DIFFERENT PLACES AT DIFFERENT TIMES TO OBTAIN FELONY CONVICTION AND THERE ARE NOT SEPARATE SCHEMES? Attorney for Appellant: Stanley E. Fisher ISSUE - ZONING - MAY A BOARD OF APPEALS DERIVING ZONING AUTHORITY FROM ARTICLE 66B GRANT SPECIAL EXCEPTION IN THE ABSENCE OF AFFIRMATIVE FINDING THAT PROPOSES USE CONFORMS TO THE JURISDICTION'S COMPREHENSIVE PLAN?
No. 47 Joseph Nathan Bellamy v. State of Maryland ISSUE - CRIMINAL LAW - DID THE LOWER COURT ERR IN PRECLUDING PETITIONER FROM INTRODUCING THE STATEMENT IN SUPPORT OF HIS DEFENSE THAT THE OTHER INDIVIDUAL COMMITTED THE MURDER WHERE, IN SUPPORT OF DEFENDANT'S GUILTY PLEA, THE STATE OFFERED STATEMENT BY DEFENDANT WHICH IMPLICATED ANOTHER INDIVIDUAL IN THE MURDER WITH WHICH PETITIONER WAS CHARGED AND WHICH THE STATE CHARACTERIZED AS "THE TRUTH" AND "WHAT PRECISELY HAPPENED AT CRIME SCENE"? Attorney for Appellant: Brian L. Zavin Friday, November 30, 2007: Bar Admissions JD 1 In Re: Honorable Bruce S. Lamdin Attorney for Appellant: Alvin I. Frederick Attorney for Appellant: Hollis Raphael Weisman
ISSUE - CRIMINAL LAW - IS CLAIM OF PERFECT SELF-DEFENSE STILL AVAILABLE IN MARYLAND TO ONE WHO USES NON-DEADLY FORCE TO DEFEND AGAINST IMMEDIATE AND IMMINENT DANGER OF BODILY HARM?
No. 46 Diane M. Figgins v. William Andrew Cochrane, Personal Representative of the Estate of Robert James Cochrane, Jr. ISSUE - ESTATES - DID LOWER COURT ERR IN REFUSING TO ADMIT STATE OF MIND TESTIMONY OF DECEDENT'S ESTATE COUNSEL THAT HE WAS INSTRUCTED BY DECEDENT TO PREPARE DEED TO CONVEY FAMILKY HOME TO APPELLANT BECAUSE HIS LOAN TO GIVE THE APPELLANT EQUITY IN THE FAMILY HOME HAD BEEN TURNED DOWN?
AG 3 Attorney Grievance Commission of Maryland v. Carol L. McCulloch
ISSUES - ZONING - (1) DID THE LOWER COURT ERR WHEN IT RULED THAT ARTICLE 66B, SECTION 2.09(a) OF THE MARYLAND CODE PROVIDES EXCLUSIVE REMEDY AND SOURCE OF SUBJECT MATTER JURISDICTION FOR LEGAL CHALLENGES TO ZONING ORDINANCES SO PETITION MAY NOT PROCEED WITH REQUEST FOR DECLARATORY RELIEF CHALLENGING THE ENACTMENT OF CONDITIONAL USE TEXT AMENDMENT AUTHORIZING APPROVAL FOR BILLBOARDS ON THE BALTIMORE ARENA? (2) DOES THE TRIAL COURT, ON REMAND, HAVE THE NECESSARY JURISDICTION TO HEAR CHALLENGE TO VALIDITY OF ORDINANCE 03-514 DURING JUDICIAL REVIEW PROCEEDING CHALLENGING ORDINANCE 03-515? No. 55 Kenneth Martin Stachowski v. State of Maryland ISSUE - CRIMINAL LAW - DID THE TRIAL COURT, AFTER FINDING PETITIONER IN VIOLATION OF PROBATION IN THREE CASES, ERR IN ORDERING RESTITUTION TO THREE VICTIMS AS CONDITION OF PROBATION IN FOURTH UNRELATED CASE WHICH NO RESTITUTION WAS DUE? No. 50 Richard Atta Poku v. Alvin E. Friedman et al. ISSUES - (1) WHETHER HOMEOWNER MAY BE DENIED THE RIGHT TO APPEAL WHEN HOMEOWNER HAS MADE EVERY EFFORT TO OBTAIN A STAY PENDING APPEAL BUT THE REQUESTS ARE SUMMARILY DENIED? (2) WHETHER LOSS OF REAL PROPERTY RENDER HOMEOWNER'S APPEAL CHALLENGING LOWER COURTS RATIFICATION OF A FORECLOSURE MOOT WHEN THE UNREVIEWED RULING BY LOWER COURT MAY BE USED DEFENSIVELY AS BASIS FOR COLLATERAL ESTOPPEL OF RES JUDICATA DEFENSE? (3) WHETHER HOME CAN BE FORECLOSED WHEN LENDER HAD EXCLUSIVE CONTROL AND POSSESSION OF THE FUNDS TO PAY OFF THE LIEN?
Tuesday, December 4, 2007: AG 58 Attorney Grievance Commission of Maryland v. David Wayne Parsons
ISSUE - WORKERS' COMPENSATION - WHEN WORKERS' COMPENSATION INSURANCE POLICY EXPRESSLY PROVIDES FOR CERTAIN COVERAGE IN STATES IN ADDITION TO PRIMARY STATE IN WHICH POLICY WAS ISSUED, IS THE SCOPE OF COVERAGE IN THOSE OTHER STATES RESTRICTED TO BENEFITS THAT WOULD HAVE BEEN PAYABLE BY THE INSURER HAD THE INJURED WORKER'S CLAIM BEEN FILED IN PRIMARY STATE?
ISSUE - CRIMINAL LAW - WHETHER DISMISSAL OF APPEAL FROM DENIAL OF MOTION FOR RETURN OF BAIL WAS IN ERROR?
No. 53 Donna Silbersack, Personal Representative of the Estate of Dominic Casino et al. v. ACandS, Inc. et al. ISSUE - WOULD EXERCISE OF APPELLATE JURISDICTION TO REVIEW AN INTERLOCUTORY ORDER OF THE LOWER COURT DENYING MOTION FOR ENTRY OF FINAL JUDGMENT UNDER MD. RULE 2-602(a) AND/OR 2-602(b) EXCEED AUTHORITY GRANTED BY MARYLAND CONSTITUTION? 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. After December 4, 2007, the Court will recess until January 3, 2008.
ALEXANDER L. CUMMINGS
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