Petitions for Writ of Certiorari -- May 2018


September Term, 2017


Granted May 9, 2018

Wesley Cagle v. State of Maryland  - Case No. 15, September Term, 2018

Issue – Criminal Procedure – Does a trial court err in precluding a criminal defendant from using trial testimony video in closing argument?


Karen McDonell v. Harford County Housing Agency  - Case No. 16, September Term, 2018

Issues – Administrative Law – 1) Did Respondent err in terminating a voucher without affording procedural due process guaranteed under federal and MD administrative common law? 2) Does a MD charge of second degree assault constitute “violent criminal activity” and grounds for voucher termination? 3) Did Respondent err in interpreting its policy to require notice within two weeks of an unplanned and unforeseen absence from the housing rented with the voucher? 4) Is breach of a financial obligation that had been cured adequate grounds for voucher termination? 5) Did Respondent err in failing to explicitly consider all relevant facts before voucher termination?


State of Maryland v. Brandon Payton - Case No. 14, September Term, 2018

Issues – Criminal Law – 1) Where Respondent made specific objections to reopening the State’s case for more fingerprint-expert testimony only on the grounds that the additional fingerprint testimony would be the last thing that the jury would hear and that it would be presented in isolation, were defense counsel’s claims that reopening would be “unfair” and “extremely prejudicial”  or the trial court’s statement that the reopening could “very well … be grounds for appeal” sufficient to preserve a judicial-partiality claim? 2) Did CSA err in concluding that the trial court abused its discretion in reopening the State’s case sua sponte? 3) Where the reopening of the State’s case was based on the trial court’s incorrect assumption that there had been no testimony linking Respondent to the handprint, was any error harmless beyond a reasonable doubt because the testimony was cumulative of the testimony of three prior witnesses linking Respondent to the handprint?


Craig Williams v. State of Maryland - Case No. 13, September Term, 2018

Issue – Criminal Procedure – Did the trial court abuse its discretion in denying a motion for new trial where the court gave a pattern jury instruction and, after the jury rendered its verdict, the court, prosecution, and defense all acknowledged that the instruction erroneously omitted an element of the offense for which the defendant was convicted?


Granted May 18, 2018

Michael Pacheco v. State of Maryland  - Case No. 17, September Term, 2018

Issue – Criminal Law – In light of Norman v. State, 452 Md. 373 (2017), Robinson v. State, 451 Md. 94 (2017), and Md. Code, Crim. Law § 5-601.1(a), does the smell of burnt marijuana emanating from a parked vehicle that contains a single occupant, plus the observation of suspected marijuana in an amount that is obviously less than ten grams, provide probable cause to arrest the occupant?



Denied May 18, 2018

Alvarez, Bruman Stalin v. State - Pet. Docket No. 62 * 
Anderson, Peretz Darond v. State - Pet. Docket No. 46 *
Armstead, Kevin v. State - Pet. Docket No. 521
Bahr v. Zannino - Pet. Docket No. 44 *
Baker, Brenden v. State - Pet. Docket No. 55 *
Bassey v. Dental Associates - Pet. Docket No. 25 *
Bellanca v. Grim - Pet. Docket No. 52 *
Bobrov v. Univ. of Md. Medical System - Pet. Docket No. 11 *
Calhoun-El, James A. v. State - Pet. Docket No. 64 *
Campos v. Brown - Pet. Docket No. 20 *
Cason, Breyon v. State - Pet. Docket No. 26 *
Claggett, Derran v. State - Pet. Docket No. 377
Coady, Darrow v. State - Pet. Docket No. 77 * 
Dainty v. Dore - Pet. Docket No. 514
Everhart v. Everhart - Pet. Docket No. 21 * 
Forster, Daahme v. State - Pet. Docket No. 40 *
Forti v. Grumbles - Pet. Docket No. 524
Garland, Mark Eugene v. State - Pet. Docket No. 45 *
Gray-El, Richard v. State - Pet. Docket No.  72 *
Greene, Carlos A. v. State - Pet. Docket No. 30 *
Grice, Theodore v. State - Pet. Docket No. 68 *
Harris v. Green - Pet. Docket No. 37 *
Huber v. Montgomery Co. - Pet. Docket No. 35 *
Hyde v. Md. Bd. of Dental Examiners - Pet. Docket No. 27 *
In re: E.O., Jr. - Pet. Docket No. 5 *
Jordan v. Brown - Pet. Docket No. 6 *
Kent, Jaron Davis v. State - Pet. Docket No. 34 *
Kessler, Windsor W., III v. State - Pet. Docket No. 9 *
Kirson v. Johnson - Pet. Docket No. 3 *
Larocca v. Creig Northrop Team - Pet. Docket No. 4 *
Marston, Brian v. State - Pet. Docket No. 23 *
McIver, Cornelius John v. State & Chevy Chase Village - Pet. Docket No. 51 *
Outlaw, Levon v. State - Pet. Docket No. 38 *
Owens-Bey v. Dept. of Human Resources - Pet. Docket No. 527
Pinnacle Group v. Kelly - Pet. Docket No. 28 *
Poole, Eric v. State - Pet. Docket No. 54 *
Robb, Michael D. v. State - Pet. Docket No. 50 *
Rodecker, Nichole L. v. State - Pet. Docket No. 59 *
Shing & Tall v. Md. Developmental Disabilities Admin. - Pet. Docket No. 36 *
Snead v. Marwood - Pet. Docket No. 488
Taylor, Renee v. State - Pet. Docket No. 29 *
Wagner v. Anne Arundel Co. Bd. of Appeals - Pet. Docket No. 19 *
Wertlieb v. Wertlieb - Pet. Docket No. 2 *
Wilson, Nadine Marie v. State - Pet. Docket No. 49 *

* Sept. Term, 2018