Petitions for Writ of Certiorari -- February 2012


September Term, 2011


Granted February 8, 2012

Board of Education of Prince George's County v. Stephanie Lynn Marks-Sloan - Case No. 117, September Term, 2011

Issues - Statutory Law - (1) Can an employer of a county board of education who receives workers’ compensation benefits for injuries sustained in the course & scope of her employment circumvent the exclusivity rule & sue her co-worker in a negligence action? (2) Does CJ Sec. 5-518 grant employees of county boards of education immunity from suit & judgment absent malice & gross negligence? (3) Did the lower court improperly rely upon the MD Tort Claims Act & the Local Government Tort Claims Act to determine that an employee of a county board of education may be sued in his individual capacity in a negligence action?

Cordish Power Plant Limited Partnership, et al. v. Supervisor of Assessments for Baltimore City - Case No. 114, September Term, 2011

Issue - Tax Law - Did the MD Tax Court err in its decision to discount testimony offered by appellant because of that Court’s reliance on an erroneous understanding of law that Md. Code. Ann., Tax-Prop. Sec. 8-113 prohibited the analysis of a ground lease & its effect on a commercial valuation of a property?

CR-RSC Tower I, LLC, CR-RSC Tower II, LLC, et al. v. RSC Tower I, LLC and RSC Tower II, LLC - Case No. 115, September Term, 2011 (Petition and Conditional Cross-Petition granted.)

Issues - Contract Law - (1) Under what circumstances should a Court permit evidence of post-breach market conditions affecting a claim for lost profits? (2) Is a defendant entitled to present evidence that the plaintiff would never have recouped its investment in a business venture where a plaintiff seeks reliance damages as an alternative to proving lost profits? (3) Does a defendant, in denying a plaintiff’s charge of bad faith, waive the attorney-clients privilege as to communications relevant to the subject matter of the claim of bad faith? (4) May a court award the related attorneys’ fees on a joint & several basis where two defendants are not jointly and severally liable on separate contracts? (5) Under what circumstances can a plaintiff recover lost profits that, if the transaction proceeded as planned, would have belonged to a non-party entity? (6) May the petitioners be found jointly & severally liable for their joint effort to derail an integrated real estate development project on adjoining parcels of land where they breached identical covenants in two related ground leases & the jury found that each lessee breached covenants running with the land to implement a uniform plan of development for each lessee’s benefit?

Dexter Ingram v. State of Maryland - Case No. 121, September Term, 2011

Issue - Criminal Law - Did the lower court err by relying on law governing closing argument to hold that the trial court did not abuse its discretion by refusing to allow Petitioner’s trial counsel to compare the reasonable doubt standard with other legal standards that were not generated by the evidence or in any way relevant to the issues before the jury?

Mercy Medical Center, et al. v. Emerson R. Julian, Jr., et al. - Case No. 118, September Term, 2011

Issues - Medical Malpractice - (1) Did the lower court err when it interpreted the MD Uniform Contribution Among Joint Tort-Feasors Act (UCATA) to require a stipulation of joint tort-feasor status in order to comply with Sec. 3-1405 & relieve a settling tort-feasor from liability to pay contribution? (2) Did the lower court err when it concluded that parties released by a pro rata release could be sued in a later action for contribution based on Swigert v. Welk, 213 Md. 613, 133 A.2d 428 (1957)? (3) If a joint tort-feasor may pursue a post-judgment action for contribution against a party released by a “Swigert” pro rata release, may he recover money damages from the “Swigert” defendant or is the remedy limited to a reduction of the judgment?

Pro-Football, Inc. t/a Washington Redskins, et al. v. Darnerien McCants - Case No. 116, September Term, 2011

Issue - Labor & Employment - Workers’ Compensation - Whether MD Workers’ Compensation Comm. has jurisdiction over injuries sustained by a professional football player when playing a game outside of the State of Maryland?

David Reid v. State of Maryland - Case No. 113, September Term, 2011

Issues - Criminal Law - (1) Should the trial court have suppressed evidence seized where use of a “Taser” to effectuate a Terry stop violated the Fourth Amendment? (2) Did the trial court err in denying appellant’s motion to suppress his statement made following arrest & prior to Miranda warnings?

S & S Oil, Inc. v. Elaine W. Jackson - Case No. 122, September Term, 2011

Issue - Tort Law - Whether a trial court may instruct a jury on the separate & distinct affirmative defenses of contributory negligence & assumption of the risk, yet only include a specific question on the verdict sheet as to contributory negligence, thus taking assumption of the risk away from the province of the jury & finding as a matter of law that assumption of the risk is included in the contributory negligence defense?

Wycinna L. Spence, et vir. v. Emerson R. Julian, Jr. et al. - Case No. 119, September Term, 2011

Issues - Medical Malpractice - (1) Did the lower court err in holding that Sec. 3-1405 of the MD Uniform Contribution Among Joint Tort-Feasors Act (UCATA) does not bar respondents’ right to obtain contribution from Mercy? (2) Did the lower court err in determining that respondents did not waive their right to claim the benefit of a release & their right to contribution by failing to raise an affirmative defense of release & failing to prove negligence by Mercy in the medical malpractice action?

Millicent Sumpter v. Sean Sumpter - Case No. 120, September Term, 2011

Issue - Constitutional Law - Did the lower court err in refusing to vacate & remand the case to the trial court when the parties & the best interest attorney were not provided a copy of the custody investigation report in violation of constitutional due process?


Denied February 9, 2012

Anne Arundel Co. v. DCW Dutchship - Pet. Docket No. 511
Aslam v. Baltazar - Pet. Docket No. 459
Aur, Raymond v. State - Pet. Docket No. 398
Berk v. Berk - Pet. Docket No. 442
Blakeney v. Blakeney - Pet. Docket No. 493
Brodt, Ronald Howard, Sr. v. State - Pet. Docket No. 402
Brown, Mandel v. State - Pet. Docket No. 456
Chace v. Chace - Pet. Docket No. 466
Clark, Eric Lewis v. State - Pet. Docket No. 508
Cochrell v. Deep Creek Marina - Pet. Docket No. 445
Collegiate Group v. College Park - Pet. Docket No. 455
Cooper, Carlos Norvell v. State - Pet. Docket No. 452
Cox v. Office of the Publid Defender - Pet. Docket No. 464
Donaldson, Michael, Jr. v. State - Pet. Docket No. 366
Dufresne v. Montgomery Co., MNCPPC - Pet. Docket No. 450
Fogg v. Horn - Pet. Docket No. 443
G.E.M. Development v. Bishop - Pet. Docket No. 486
Green v. Branchville Ltd. Partnership - Pet. Docket No. 494
Haller, Troy v. State - Pet. Docket No. 488
Handy, Raymond Carroll v. State - Pet. Docket No. 468
Harting v. Baltimore Co. Sherriff's Office - Pet. Docket No. 477
Iguana Cantina v. Troxel - Pet. Docket No. 437
Jones v. City of Baltimore - Pet. Docket No. 463
Jongerius v. Frederick Co. Public School - Pet. Docket No. 515
Kane, Charles William v. State - Pet. Docket No. 444
Kelly, Kevin v. State - Pet. Docket No. 446
McAvoy v. Simmons - Pet. Docket No. 453
McNeil v. McNeil - Pet. Docket No. 461
McNeil v. McNeil - Pet. Docket No. 462
Morris v. Morris - Pet. Docket No. 492
Murillo, Roberto Antonio - Pet. Docket No. 335
Obomighe, Kester v. State - Pet. Docket No. 458
Patterson, Andre v. State - Pet. Docket No. 405
Phillips v. MD Retirement System - Pet. Docket No. 496
Proctor, Jerome Desmond, Jr. v. State - Pet. Docket No. 460
Ricks v. Cole - Pet. Docket No. 484
Riggins, Rommell A. v. State - Pet. Docket No. 478
Stockstill. Wayne v. State - Pet. Docket No. 470
Tawes, Debra Ann v. State - Pet. Docket No. 480
Traverso v. Commissioner of Correction - Pet. Docket No. 448
Uguru v. Brown - Pet. Docket No. 434
Wallace v. Wallace - Pet. Docket No. 327
Watson, Jeremiah Jerard v. State - Pet. Docket No. 377
Weir, John S. v. State - Pet. Docket No. 465.