Petitions for Writ of Certiorari -- October 2004

GRANTED PETITIONS FOR WRIT OF CERTIORARI

September Term, 2004

 

Granted September 21, 2004

Daniel T. Luster, Jr. v. Mayor and City Council of Baltimore City - No. 77, September Term 2004.

ISSUE - WORKERS' COMPENSATION COMMISSION - MAY A FIREFIGHTER'S WORKERS' COMPENSATION BENEFITS BE OFFSET BY THE FIREFIGHTER'S SERVICE PENSION BENEFITS?

 

Granted September 15, 2004

Schade, et al v.  Maryland State Board of Elections - No. 64, September Term, 2004.

ISSUE - ELECTIONS - WHAT STANDARD SHOULD BE APPLIED IN ASSESSING THE SECURITY AND ACCURACY OF MARYLAND'S ELECTRONIC VOTING SYSTEM?

Llevitt v. Fairfield Resorts, Inc. - No. 65, 2004 Term.

General Motors Corp.  v.  Seay  - No. 66, September Term, 2004.

ISSUE - CIVIL PROCEDURE - WAS A MOTION FOR A JUDGMENT NOT- WITHSTANDING THE VERDICT PROPERLY AND TIMELY CONSIDERED AT THE TRIAL LEVEL, THEREBY PRESERVING FOR APPEAL  AN ISSUE AS TO THE MOTION?

Brewer v. Brewer  -  No. 67, September Term, 2004.

ISSUE - WILLS - IS NOTICE,  DISCLOSURE OR JUDICIAL APPROVAL REQUIRED BEFORE A DISTRIBUTION  AGREEMENT IS ALLOWED TO SUPERSEDE A PROPERLY PROBATED WILL?

Smith v. Lead Industries Assoc. Inc., et al.  -  No. 68, September Term, 2004.

ISSUE - TORTS - MAY INFANTS  MAINTAIN CONCEALMENT AND MISREPRESENTATION FRAUD CLAIMS FOR INJURIES CAUSED BY DANGEROUS PRODUCTS?

Cooley  v.  State -  No. 69, September Term, 2004.

ISSUE - CRIMINAL LAW - DOES A  CO-DEFENDANT ATTORNEY'S FAILURE TO JOIN A MOTION FOR MISTRIAL MADE BY COUNSEL FOR THE OTHER DEFENDANT SHOW THAT THE TRIAL JUDGE DID NOT ABUSE HIS DISCRETION IN DENYING THE MOTION?

Stoddard v.  State  -  No. 70, September Term, 2004

ISSUE - CRIMINAL LAW - WAS THE STATEMENT OF AN 18 MONTH OLD CHILD ADMISSIBLE UNDER THE IMPLIED ASSERTION EXCEPTION TO THE HEARSAY RULE?

Rios v.  Montgomery County, Maryland - No. 71, September Term, 2004.

ISSUE - LOCAL GOVERNMENT TORT CLAIMS ACT - DID THE PETITIONER SHOW GOOD CAUSE FOR WAIVING THE TIMELY NOTICE REQUIREMENT UNDER SEC. 5-304(c) OF THE LOCAL GOVERNMENT TORT CLAIMS ACT?

In Re: Adoption/Guardianship of Victor A.  - No. 72, September Term, 2004.

ISSUE - FAMILY LAW - WHAT STANDARD APPLIES FOR DETERMINING WHETHER ADOPTION OR LONG-TERM FOSTER CARE IS IN THE BEST INTEREST OF DISABLED CHILDREN?

Williams v.  State  - No. 73, September Term, 2004.

ISSUE - CRIMINAL LAW - WAS THE ORDER OF RESTITUTION IMPOSED UPON APPELLANT ILLEGAL?

Department of Public Safety and Correctional Services v. Palmer, et al. - No. 74, September Term, 2004.

ISSUE - CORRECTIONAL EMPLOYEES - ARE CORRECTIONAL INSTITUTION EMPLOYEES ENTITLED TO BE PAID FOR THE SPENT UPON ARRIVAL AT WORK WALKING TO A SEARCH AREA,  BEING SEARCHED AND THEN WALKING TO THEIR WORKSTATIONS?

Hall v. Uniersity of Maryland Medical System Corp. -  No. 75, September Term, 2004.

ISSUE - EVIDENCE - ARE  MEDICAL RECORDS PERTAINING TO THE MEDICAL HISTORY OF A MINOR CHILD AND HER MOTHER ADMISSIBLE AS AN EXCEPTION TO THE HEARSAY RULE?

Nader v.  Maryland State Board of Elections   - No. 76, September Term, 2004.

ISSUE - ELECTIONS - DID RALPH NADER OBTAIN A SUFFICIENT NUMBER OF SIGNATURES OF REGISTERED VOTERS TO ALLOW HIS NAME TO BE PLACED ON THE BALLET AS A PRESIDENTIAL CANDIDATE IN THE NOVEMBER 2004 ELECTIONS?