Petitions for Writ of Certiorari -- February 2013


September Term, 2012

Denied February 8, 2013

Nassau v. Morgan Properties - Pet. Docket No. 601

Granted February 12, 2013

State Center LLC, et al. v. Lexington Charles Limited Partnership, et al. - Case No. 12, September Term, 2013

Issues - State Government - 1) Did the trial court err in concluding that the State Center Project violates state procurement law on the grounds that the project is not a simple disposition of land but "a complex, creative way to develop" land owed by the State that should have been subject to the requirement of competitive sealed proposals? 2) Does the Circuit Court for Baltimore City lack jurisdiction to address appellee's claim that the project violates state procurement law because such claims fall within the primary or exclusive jurisdiction of the MD State Board of Contract Appeals? 3) Do appellees lack standing, under the taxpayer standing theory, to challenge the project because they failed to allege facts to support either their claim of illegal, ultra vires action or their contention that they will suffer special damage if the project proceeds? 4) Did the trial court err in declining to review the belated designation of the project as a Transit-Oriented Development, a designation which permitted the project to be prioritized and receive substantial site-selection and other benefits?


Granted February 22, 2013

Brittany Ellis v. Housing Authority of Baltimore City - No. 16, September Term, 2013

Issues - Torts - 1) Did the trial court err in granting Appellee's motion for summary judgment on the grounds that Appellant failed to comply with the notice requirement of Cts. & Jud. Proc §5-304? 2) Did the trial court abuse its discretion in declining to grant Appellant's motion to waive the notice requirement for good cause? 3) Is the notice requirement, as applied to an injured minor's claim for lead poisoning against a housing authority, an unreasonable restriction upon a traditional remedy and to the minor's access to the courts in violation of Art. 19 of the MD Declaration of Rights?

Hammonds, Terry Wayne v. State of Maryland - No. 14, September Term, 2013

Issues - Criminal Law - 1) Can an individual be found a month after the fact to have been in direct contempt of court for tearing up court documents in the back of the courtroom after the court has moved on to another matter and where the court made no comment or finding of contempt at the time and there is no evidence that the proceedings were interrupted by the behavior? 2) Can MD Crim. Law Art. §9-303(a)'s proscription against threatening to harm a reporting witness be violated without that threat of retaliation being made directly to the witness or with the intent that the threat be conveyed to the witness? 3) Did the trial court improperly revoke Petitioner's probation for acts and comments which the court deemed to constitute direct contempt and a violation of MD Crim. Law. Art.§9-303(a)?

In re: Victoria C. - No. 15, September Term, 2013

Issues - Juvenile Law-CINA - 1) Should the best interest standard for treatment of juveniles adjudicated to be CINA be adhered to by juvenile courts regardless of whether that CINA has achieved the age of majority? 2) Should the analytical framework for considering adult visitation of children developed in In re: Tamara R., 136 Md.App. 236 (2000), and Koshko v. Haining, 398 Md. 404 (2007), be amended so that adult siblings seeking visitation have a different standard? 3) Did CSA err in applying a de novo rather than abuse of discretion or clearly erroneous standard when reviewing the decision of the juvenile court?

James Kulbicki v. State of Maryland - Case No. 13, September Term, 2013

Issues - Criminal Law - 1) Does a conviction obtained through the use of scientific evidence that is later demonstrated to be unreliable, misleading, and inadmissible violate a defendant's guarantee of due process? 2) Does the use of perjured expert testimony by a State expert violate a defendant's due process rights when the perjured testimony involves the expert's qualifications and background? 3) Does the failure of defense counsel to investigate or challenge the State's scientific evidence and failure to object to the scope of the State's closing arguments constitute ineffective assistance of counsel? 4) Did CSA err in stating that the State is chargeable with the "knowing use of perjured testimony" where the falsity is unknown at the time of the testimony?


Denied February 25, 2013

5544 Muddy Creek Road v. J.S. Hwang, Inc - Pet. Docket No. 533
Aigbedion v. Belcrest Plaza - Pet. Docket No. 413
Alverado v. Fraiser - Pet. Docket No. 564
Anderson v. People's Alliance Federal Credit Union - Pet. Docket No. 427
Barber, Gregory v. State - Pet. Docket No. 587*
Barkley, Brittany Leineigh - Pet. Docket No. 461
Bowers v. Bowers, Brierley-Bowers - Pet. Docket No. 550
Bowers v. Bowers, Brierley-Bowers - Pet. Docket No. 551
Bowers v. Bowers, Brierley-Bowers - Pet. Docket No. 611
Bowman v. Aegis Security Insurance - Pet. Docket No. 544
Brisbane v. Office of the Public Defender - Pet. Docket No. 545
Chiev v. Ngim , Khov - Pet. Docket No. 517
Cullen v. Cullen - Pet. Docket No. 524
Dodd v. Semmes, Bowen & Semmes - Pet. Docket No. 518
Employees' Retirement System of Baltimore County v. Rowe - Pet. Docket No. 519
Fenner, Dajuan v. State - Pet. Docket No. 540
Fikrou v. Aklilu - Pet. Docket No. 538
Fisher, Charles B. v. State - Pet. Docket No. 562
Fuka, Martha N. v. Buonassissi - Pet. Docket No. 510
Germain v. Secretary, Dept. of Public Safety and Corr. Servs. - Pet. Docket No. 535
Golden, David Davon v. State - Pet. Docket No. 549
Gray v. A&D Security Consultant, Duckett - Pet. Docket No. 479
Hatten, Abijah Daryl v. State - Pet. Docket No. 534
Higginbotham v. Public Service Commission - Pet. Docket No. 521
Iglesias v. Pentagon Title & Escrow - Pet. Docket No. 423
Iglesias v. Pentagon Title & Escrow - Pet. Docket No. 424
In re: Adoption/Guardianship of Zanelle D. - Pet. Docket No. 443
In re: Damien D. - Pet. Docket No. 526
Jackson, Cordell Oscar v. State - Pet. Docket No. 317
Kent, Denatian Lee v. State - Pet. Docket No. 560
Kim v. Sussal - Pet. Docket No. 536
Kizzie v. DLLR Real Estate Commission - Pet. Docket No. 561
Little, Whitney James v. State - Pet. Docket No. 395
Livingsocial v. Quick Response Towing - Pet. Docket No. 558
Malave v. Owens - Pet. Docket No. 528
Martin, Andrew Seth v. State - Pet. Docket No. 525
Mbakpuo v. Council of Unit Owners, Greenbrian Condominium Phase II - Pet. Docket No. 552
Mines, David Calvin v. State - Pet. Docket No. 559
Mitchell, Walter E. v. State - Pet. Docket No. 548
Moore, Kenneth Lamont v. State - Pet. Docket No. 529
Noonan, John Andrew v. State - Pet. Docket No. 558*
Phillip v. Veracity Title - Pet. Docket No. 339
Tal-Dor Partners v. Clear Channel Outdoor - Pet. Docket No. 553
Tuell, Andrew Douglas v. State - Pet. Docket No. 547
Wilson v. Maryland Dept. Of Human Resources - Pet. Docket No. 495
Wright v. Rutkin, McDuffie - Pet. Docket No. 557


* September Term, 2011