SEPTEMBER TERM 2009 Webcasts
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September 2009 Oral Arguments

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Tony Williams v. State of Maryland
Issues - Criminal Law - (1) did the trial court err in admitting a videotape of prior testimony of the state's key witness who died before petitioner's second trial, where the prosecution had withheld evidence that the key witness was "legally blind" thereby denying petitioner a fair opportunity to cross examine the witness in violation of the confrontation clause? (2) did the trial court err when it refused to dismiss petitioner's indictment with prejudice due to prosecution's Brady and Due Process clause violations?

Curtis O. Rosemann v. Salsbury, Clements, Bekman, Marder and Adkins, LLC
Issue - Summary Judgment - did the trial court err in granting the garnishee's motion for summary judgment and denying the judgment creditor's motion for summary judgment on the ground that courts article, Section 11-504(B)(2) provides an exemption from execution for money payable in the event of sickness, accident or injury, even though Maryland and Federal public policy favor excepting a judgment for child support from the exemption statues?

St. Paul Travelers v. Robert Millstone as Trustee of Montgomery Scrap Corporation Profit Sharing Plan
Issues - Insurance - (1) does the legal action clause in the Maryland changes endorsement to an insurance policy inquiring that legal action against the insurer involving loss be brought within 3 years from the date the insured discovers the loss (a) violate Section 12-104 of the insurance article? and (b) establish the insured's discovery of loss as the agreed accrual date for commencement of the 3-year limitation period? (2) does the requirement in the legal action clause in the Maryland changes endorsement to an insurance policy providing that the insured may not bring suit against the insurer until 90 days after the insured has filed proof of loss with the insurer, operate to impermissibly shorten the 3-year period of limitations in violation of Section 12-104 of the insurance article?

Ruffin Hotel Corporation of Maryland, Inc. v. Kathleen Gasper
Issues - Labor and Employment - Workers' Compensation - (1) in retaliatory discharge claims should juries be instructed that plaintiff must prove that retaliation was a "determining factor," as opposed to a "motivating factor," in her termination? (2) is a negligent hiring and retention claim based upon alleged sexual harassment and subsequent allegedly retaliatory discharge preempted by MD Anti- Discrimination statutes? (3) does MD Workers' Compensation Act preempt a negligent hiring and retention claim brought by an employee against her employer?

Richard White v. State of Maryland
Issues - Negligence - Fireman's Rule - (1) whether the lower court's decision is inconsistent with the public policy foundation underlying the fireman's rule and the exceptions to the rule and creates conflict in the law which inequitably penalizes emergency police responders under the guise of the fireman's rule by creating an absolute bar to their recovery for injuries occurring while on duty? (2) whether specific enumeration of a "special duty" exception to the fireman's rule is warranted?

Stephen W. Schultz, Personal Representative of the Estate of Melvin Ray Schultz v. Bank of America, National Association
Issues - Estates and Trusts - (1) is an expert opinion necessary to establish the standard of care for a bank when adding a customer to an account? (2) does this case overrule prior precedents of this court and lower court as to necessity of expert opinion testimony as establishing the standard of care for banks and other industries? (3) does the implied duty of ordinary care implicit in a depositor-bank contractual relationship require proof of any evidence beyond this implied duty?

Robert L. Thomas v. State of Maryland
Issues - Criminal Law - (1) did the trial court err in instructing jury that it is not a defense to the crime of bribery that the public employee did not have the actual authority, power or ability to perform the act for which payment was demanded or received? (2) did the trial court err by allowing a witness for the state to testify to his opinion regarding petitioner's role in the alleged bribery scheme?

Norman A. Lockshin, P.A., et al. v. Barbara S. Semsker et al.
Issues - Statutory - Medical Malpractice - (1) whether the lower court erred in holding that the cap on non-economic damages in CJP Section 3-2a-09 does not apply to health care malpractice claims in which arbitration has been waived? (2) whether the lower court erred in holding that, if the cap does apply to claims in which arbitration has been waived, the court should apply a pro rata joint tortfeasor reduction prior to applying the limitation on non-economic damages? (3) whether the lower court erred in holding that CJP Section 3- 2a-09(d)(l) does not mandate a reduction of the verdict to exclude past medical expenses that were not, and will not be paid by or on behalf of the patient?

(2008 Term) Beulah Addison v. Lochearn Nursing Home, LLC d/b/a Future Care-Lochearn
Issue - Tort Law - Contract - did the lower court err in compelling arbitration of claims arising from a predatory real estate scam and sabotaged medicaid application?

Omar Nathan McLennan v. State of Maryland
Issue - Criminal Law - did the trial court err in refusing to allow defense witnesses to testify on petitioner's behalf?

Rungrudee Nonceeya v. Lone Star Steakhouse
Issues - Constitutional Law - Summary Judgment - (1) when a civil litigant requires a foreign language translator in a civil proceeding before the court and a written request is made and approved by the court, is the litigant also entitled to a translator when being deposed by oral deposition? (2) when a civil litigant makes a request to have a foreign language translator either in court or at an oral deposition, what are the requirements for determining when a litigant has waived such a request for a foreign language translator?

Hayward T. Henderson v. State of Maryland
Issue - Criminal Law - did the lower court correctly conclude that the motions court did not err in denying petitioner's motion to suppress evidence of crack cocaine recovered from his person?

The Maryland-National Capital Park and Planning Commission, et al. v. Greater Baden-Aquaso Citizens Association, et al.
Issues - (1) does the lower court's decision improperly usurp the county council's legislative function by imposing an interpretation of the general plan that the council expressly did not intend? (2) would the lower court's decision unduly subject the commission to innumerable baseless lawsuits and effect a de facto moratorium on development in the county's rural tier?

State of Maryland v. Andre Lynn Prue
Issues - Criminal Law - (1) did respondent fail to preserve his claim that the docket entries were incorrect? (2) did the lower court incorrectly hold that the trial court failed to render a verdict as to counts three through eight of the indictment, and thereby acquitted respondent of those counts? (3) did the lower court incorrectly hold that it could not consider remarks made by the trial judge before the verdict to determine the trial judge's intent in rendering his verdict?

Tracy Wendell Adams v. State of Maryland
Issue - Criminal Law - did the trial judge err in refusing to permit the jury to review the tape of alleged drug transaction which had been admitted into evidence?

Shirley L. Suder v. Whiteford, Taylor & Preston, LLP, et al.
Issues - Legal Malpractice - Estates and Trusts - (1) can defendant in a legal malpractice case rely on an affirmative or mandatory defense that was conclusively waived by the party-opponent in the underlying case? (2) does the "case- within-a-case" methodology permit a court to speculate about what might have happened in the absence of a lawyer's negligence? (3) did the lower court err in reversing trial court's determination that respondent's negligence was the proximate cause of petitioner's damages?

Gary Agurs v. State of Maryland
Issue - Criminal Law - whether the lower court misconstrued Patterson v. State, 401 MD. 76 (2007), and erred in finding good faith where the search warrant was based on an affidavit that was so lacking in probable cause as to render official belief in its existence entirely unreasonable?

Arnold Houghton v. Cheryl Forrest
Issues - Constitutional Law - Torts - (1) can public official be protected by qualified immunity from liability for (a) a non- negligent discretionary act done in the furtherance of official duties (b) an intentional act that arises from and is the direct result of negligence? (2) did the lower court overstep its authority when it acted as the fact finder in determining the intentions of petitioner and determining which inferences to accept in concluding that plaintiff failed to prove malice?

State of Maryland v. Isa Manuel Santiago
Issue - Criminal Law - did the lower court err in holding that a criminal defendant cannot waive his complaint about the failure to poll or hearken the jury?

Isaac E. Dallas v. State of Maryland
Issue - Criminal Law - did the trial court err in refusing to rule on the admissibility of prior convictions under MD. Rule 5-609 until after appellant completed his direct testimony before the jury?

Judith and Albert Schuele v. Case Handyman and Remodeling Services, LLC and Case Design/Remodeling, Inc.
Issues - Statutory - (1) did the lower court err in adopting federal law as controlling on the issue of whether equitable estoppel could be invoked by a non-party to a contract in order to enforce an arbitration provision, rather than applying state law to determine the provision's enforceability? (2) did the lower court err in holding that petitioners were equitably estopped from avoiding contractual arbitration with a non-party where the non- party disavows any cognizable connection to the contract at issue, and where the agreement does not manifest any intent or agreement to arbitrate the legal or factual issues related to respondents' own wrongdoing?

Office of the Public Defender, et al. v. State of Maryland, et al.
Issue - Criminal Law - (1) did the trial court err in ordering public defender staff attorney/s to represent a criminal defendant in a criminal case after the public defender declined to provide representation in the case? (2) did the trial court err in finding petitioner in contempt?

State of Maryland v. Kevin George Digennaro
Issue - Criminal Law - is the term "operating" contained in Section 2-209 of the criminal law article, different from the terms "driving" and "controlling" and, if so, does the term "operating" encompass the failure of a driver of a vehicle to perform duties that the driver is legally obligated to perform as a result of his driving the vehicle?

Earlene Burnside, et ux. v. Randall V. Wong, et al.
Issues - Medical Negligence - Venue - may a defendant's contacts with a MD county at the time of his alleged negligence be considered in trial court's venue analysis, pursuant to MD Code Ann., Cts. & Jud. Proc. Section 6-201(a)? (2) are a defendant physician's active medical privileges and academic appointments at various hospitals and medical schools located within a MD county sufficient contact with that jurisdiction to subject the defendant to venue in that county, pursuant to MD. Code Ann. Cts. & Jud. Proc. Section 6- 201(a)? (3) does a plaintiff's medical injury occur in the county where a plaintiff suffers harm resulting from the negligent act of the defendant for the imposition of venue in that county, pursuant to MD. Code Ann., Cts. & Jud. Proc. Section 6-202(8)?

Edwin Wright v. State of Maryland
Issue - Criminal Law - did the lower court correctly conclude that the trial court properly exercised its discretion in its voir dire procedure?

(2008 Term) C. Phillip Johnson Full Gospel Ministries, Inc. v. Investors Financial Services, LLC
Issue - Contract Law - is a contract under seal, which recites the consideration upon which it is to be supported valid, even though the consideration is not given?

Richard C. Smith v. State of Maryland
Issues - Criminal Law - (1) did the lower court err in directing the trial court to enter a guilty verdict on misdemeanor theft where the state did not pursue such a conviction at trial? (2) is the misdemeanor theft conviction ordered by the lower court impermissibly inconsistent with trial court's acquittal on the first degree assault charge?

Lydia Friedman, et al. v. Jerome B. Hannan
Issues - Estates and Trusts - (1) did the trial court err in deciding the bequests to petitioners were conditioned on decedent being married to his ex-wife at the time of his death despite the fact there was no such condition set forth in the will? (2) did the trial court err in deciding the bequests to petitioners were class gifts not individual gifts despite the fact the beneficiaries were individually named in the will?