PETITIONS FOR WRIT OF CERTIORARI
September Term, 2021
Granted February 9, 2022
Luis Felepe Huggins v. State of Maryland – Case No. 59, September Term, 2021
Issues – Criminal Law – 1) Did CSA err by raising and deciding, on its own initiative, that Petitioner waived his objection to the denial of his motion to suppress where the State did not argue waiver on appeal? 2) If a pretrial motion to suppress is heard and denied and at trial when the evidence is offered by the State defense counsel says “no objection,” does counsel’s statement constitute a waiver, so that the issue is not preserved for review?
In re: T.K. – Case No. 60, September Term, 2021
Issues – Courts & Judicial Proceedings – 1) As a matter of first impression, under the discretionary language of Md. Code § 3-819(e) of the Courts & Judicial Proceedings (“CJP”) article, which provides that the “court may award custody to the other parent” after sustaining petition allegations against only one parent and before dismissing the case, what standards govern this exercise of discretion and what, if any, process must be afforded to the custodial parent prior to a transfer of full legal and physical custody of the child to the noncustodial parent? 2) When determining whether to transfer custody of a child to a noncustodial parent under CJP §3-819(e) before dismissing the case, does the best-interests-of-the-child standard apply and what facts or factors must the court consider in making a best interests determination? 3) When requested, is a custodial parent entitled to a contested dispositional hearing where they can present evidence concerning whether it is in the child’s best interest to transfer full custody to the noncustodial parent under CJP §3-819(e) or may a juvenile court transfer full of custody of the child based solely on the sustained petition allegations and conflicting proffers? 4) Does In re R.S., 470 Md. 380 (2020), compel a juvenile court, once petition allegations have been sustained against a custodial parent only, to award full custody of a child to the noncustodial parent over the objection and request for custody of the custodial parent and despite the discretionary language in CJP §3-819(e)? 5) Was the evidence sufficient to transfer full custody of T.K. from mother, his custodial parent since birth and throughout the CINA case to his out-of-state, noncustodial father under the findings that mother agreed to and where mother also proffered that she had witnesses available to testify to facts supporting that father was not able to provide proper care to T.K. and that it was not in T.K.’s best interest to be transferred to father’s custody?
Everett Smith v. State of Maryland – Case No. 61, September Term, 2021
Issue – Criminal Law – In a reported case of first impression, did CSA wrongly hold that the courtroom bailiff’s face mask depicting the ‘thin blue line’ was not inherently prejudicial to Petitioner?
Roger Johann Garcia v. State of Maryland – Case No. 62, September Term, 2021
Issues – Criminal Law – 1) Is it legally possible to be an accessory before the fact to non-premeditated intent to kill murder? 2) Must a conviction be vacated if the jury considered a legally impossible theory of liability?
Granted February 11, 2022
Prince George's County v. Robert E. Thurston, et al. – Case No. 63, September Term, 2021
Issue – Local Codes – Is a Resolution, having the force and effect of law, a valid measure to adopt a decennial County Council Redistricting Plan?
Denied/Dismissed February 28, 2022
Akunne v. Dept. of Human Services - Pet. Docket No. 352
Angelos v. McCarthy - Pet. Docket No. 368
Awah v. Ofori-Asae - Pet. Docket No. 344
Barnett v. Mayor & City Cncl. of Baltimore - Pet. Docket No. 350
Barnside Condo. Assoc. v. Johnson - Pet. Docket No. 371
Brightwell, David v. State - Pet. Docket No. 356
Building No. 2 v. Fine - Pet. Docket No. 341
Caldwell v. Liberty Insurance Corp - Pet. Docket No. 351
Carrington, Russell v. State - Pet. Docket No. 362
De Blasis v. DeBlasis - Pet. Docket No. 337
Fleming, Jerome v. State - Pet. Docket No. 353
Green, John W., III v. State - Pet. Docket No. 360
Hammann v. Hammann - Pet. Docket No. 345
Harbel, Inc. v. Motor Vehicle Admin. - Pet. Docket No. 366
Harbor Hospital v. Biggs - Pet. Docket No. 340
Hertzmark v. Mayor & City Cncl. of Baltimore - Pet. Docket No. 354
Holloman v. Mosby - Pet. Docket No. 338
Jacobs Company v. Innovative Insurance Solutions - Pet. Docket No. 349
Jalisi v. Agandi - Pet. Docket No. 372
Kahn v. O'Connor - Pet. Docket No. 364
Khan v. Ward - Pet. Docket No. 369
Paul v. Patuxent Cardiology Assoc. - Pet. Docket No. 365
Portzen, Patrick v. State - Pet. Docket No. 342
Revelo-Ramos, William v. State - Pet. Docket No. 391
Sewell v. Howard - Pet. Docket No. 370
Thomas, Calum v. State - Pet. Docket No. 348
Vicarini, Louis Anthony v. State - Pet. Docket No. 357
Williams v. Riverwoods at Tollgate II - Pet. Docket No. 266
Yilo v. Gan - Pet. Docket No. 321