Petitions for Writ of Certiorari --June 2012


September Term, 2011


Granted June 21, 2012

Big Louie Bail Bonds, LLC v. State of Maryland - Case No. 31, September Term, 2012

Issue – Courts and Judicial Proceedings – Should bond be released and a bail bondsman's liability on bond be discharged when a defendant fails to appear in court because of the actions of the MD Department of Public Safety and/or the United States Department of Justice?

CSX Transportation v. Pitts - Case No. 34, September Term, 2012

Issues – Labor & Employment – 1) Whether the federal regulation governing the ballast used to support railroad track, 49 C.F.R. § 213.103, applies to track and walkways located within rail yards as well as to track on the main line? 2) Whether CSA acted contrary to Supreme Court precedent when it adopted "an employee-friendly standard" of review in FELA cases? 3) Whether the trial court erred in preventing Petitioner from cross-examining Respondent's economist about work-life statistics concerning railroad employees' average age at retirement?

Employees' Retirement System of the City of Baltimore v. Dorsey - Case No. 29, September Term, 2012

Issues – Labor & Employment – 1) Can the requirement that an employee's impairment must be "independent of any preexisting physical or medical condition, whether job-related or otherwise," be satisfied when the impairment is caused in part by a preexisting medical condition? 2) Did CSA err in deciding that appellee was qualified for line-of-duty disability retirement, when his impairment was the result of an asymptomatic, preexisting medical condition made symptomatic by a work-related injury?

Green, Supervisor of Assessments of Montgomery County v. Church of Jesus Christ of Latter-Day Saints - Case No. 34, September Term, 2012

Issue – Taxation – Does the parsonage or convent exemption in Tax-Prop. § 7-204 apply to 46-unit apartment complex owned by Appellees and occupied by married and single church workers who pay rent to the Church and conduct religious services at the Church's temple, which serves a district that covers the mid-Atlantic region?

Jones v. Anne Arundel County, Maryland - Case No. 32, September Term, 2012

Issues – County Government – 1) Whether the County may remove an elected official from his or her seat for conviction of a misdemeanor when there is no local law in effect to govern the removal of a Councilmember for conviction of a crime and § 2 of Art. XV of the MD Constitution does not allow for removal under the circumstances in this case? 2) Whether the County may remove an elected official from his or her seat for inability to perform the daily duties of office for a period of five months? 3) Whether the County may remove an elected official from his or her seat by interpreting a residency requirement to mean "place of abode" rather than "domicile"? 4) Does the Clean Hands Doctrine bar the Petitioner's claims for relief seeking removal of an incumbent member of the County Council from office and restoration of Petitioner to office?

Kent Island, LLC v. Michael A. DiNapoli, et al. - Case No. 33, September Term, 2012

Issues – Courts and Judicial Proceedings – 1) Whether CSA erred in finding that the Circuit Court of one county has subject matter jurisdiction to review a final judgment entered by the Circuit Court for another county? 2) Whether CSA erred in finding that a consent order agreed to by the parties and entered as a final judgment was a mere settlement agreement, reviewable by another court, rather than a final judgment that could only be revised by the Circuit Court entering the judgment as set forth in Rule 2-535?

Pines Plaza Limited Partnership v. Berkley Trace, LLC, The Hampton Company, Inc., and Joyce - Case No. 30, September Term, 2012

Issues – Real Property – 1) Does MD law presume that an assignee of a real estate contract assumes the assignor's contractual obligations, unless the assignment expressly provides otherwise? 2) Is a person defending against an assigned claim entitled to setoff based on its claim against the assignor, even if it could not otherwise sue the assignee on that obligation? 3) Does MD adhere to the rule that a real estate contract clause, providing for automatic forfeiture of a deposit if closing does not occur by a specified date, is a "time is of the essence" clause?


Denied June 25, 2012

Albright v. Scherlis & Albright v. Polakoff - Pet. Docket No. 96*
Bennett, J.W. v. State - Pet. Docket No. 580
Blue, Curtis v. State - Pet. Docket No. 52*
Cawood v. Potomac Electric Power Company - Pet. Docket No. 50*
Certain Teed Corporation v. Gonzalez - Pet. Docket No. 58* and conditional cross-petition
Chaikin v. Athos - Pet. Docket No. 74*
Collins, Donald Lewis, Jr. v. State - Pet. Docket No. 95*
Corron, Gregory Alan v. State - Pet. Docket No. 87*
Donohue v. Donohue - Pet. Docket No. 97*
Feaster, Isaiah T. v. State - Pet. Docket No. 32*
Felter v. Bauer - Pet. Docket No. 551
Fox, Ricardo, Jr. v. State - Pet. Docket No. 55*
Hatchett, Timothy Earl v. State - Pet. Docket No. 93*
Henry v. Commission on Common Ownership Communities - Pet. Docket No. 80*
Hetrick, Alan Jay v. State - Pet. Docket No. 79*
Hollander v. Rawson - Pet. Docket No. 82*
Huang v. Centex Homes, A Nevada General Partnership - Pet. Docket No. 103*
Idoni v. Mercier - Pet. Docket No. 179*
In Re: Adoption/Guardianship of Daphane M. - Pet. Docket No. 577
In Re: Richard T. - Pet. Docket No. 78*
Jamison, Keith Anthony v. State - Pet. Docket No. 112*
Kelly v. Gardiner - Pet. Docket No. 100*
Lewis, Adrian Francis v. State - Pet. Docket No. 65*
Lindsay, Fernando v. State - Pet. Docket No. 83*
Magona v. Yellow Book Sales and Distribution Co., Inc. - Pet. Docket No. 563
Marshall, Daniel v. State - Pet. Docket No. 108*
Martinez, Leonel E. v. State - Pet. Docket No. 106*
May, Joshua Everett v. State - Pet. Docket No. 64*
McKenzie, Dwane Tavonne v. State - Pet. Docket No. 41*
Moore, Antonio v. State - Pet. Docket No. 60*
Morgan v. Greater Baltimore Urban League, Inc. - Pet. Docket No. 111*
Muntjan v. Maradiagia - Pet. Docket No. 62*
Nelson, Paul D. v. State - Pet. Docket No. 56*
Nolan v. Robinson - Pet. Docket No. 99*
Oglesby, Steven v. State - Pet. Docket No. 77*
PLC Partners, LLC v. Choice Hotels International, Inc. - Pet. Docket No. 101*
Pool v. Phillips - Pet. Docket No. 102*
Prince, Charles v. State - Pet. Docket No. 48*
Randolph, Catherine Denise v. State - Pet. Docket No. 57*
Richardson, Devon Omar v. State - Pet. Docket No. 63*
Sandler v. Executive Management Plus - Pet. Docket No. 29*
Shahoarast v. Estate Concrete, LLC - Pet. Docket No. 59*
Spriggs, James Wesley v. State - Pet. Docket No. 85*
University of Maryland Medical System Corp. v. Gholston - Pet. Docket No. 49*
Vollmer v. Montgomery County, Maryland - Pet. Docket No. 110*
Wankerl v. Wankerl - Pet. Docket No. 109*
Watson, Jeremiah Jerard v. State - Pet. Docket No. 98*
Williams, Christopher Bryan v. State - Pet. Docket No. 75*
Wise v. Villiage Green Limited Partnership LLP - Pet. Docket No. 550


* September Term, 2012