Petitions for Writ of Certiorari - February 2019


September Term, 2018



Granted February 4, 2019

Board of County Commissioners of Washington County, Maryland v. Perennial Solar, LLC - Case No. 66, September Term, 2018

Issue – Public Utilities – Is local zoning authority preempted by state law with respect to the approval and location of Solar Energy Generating Systems such as the one at issue in this case?

Tomekia Conaway v. State of Maryland - Case No. 69, September Term, 2018

Issue – Criminal Procedure – In light of the language of the Justice Reinvestment Act (Md. Code, Crim. Proc. Art. §§ 6-223(e)(4) & 6-224(c)(2)(iv)), may a defendant obtain appellate review of a finding or decision imposing incarceration for a technical violation of probation by filing a notice of appeal, or is an application for leave to appeal required?

Peter Gang v. Montgomery County, Maryland - Case No. 67, September Term, 2018

Issue - Worker’s Compensation – 1) Does the language in Md. Code, Labor & Employment § 9-736(b) allow a revision of an Order within five years where both parties agree on the record that the prior order was a mistake regarding the prescribed rate of pay for a “public safety employee” and where this Court in Electrical General Corp. v. Labonte, 454 Md. 113 (2017), expressly held that the Commission has continuing powers and jurisdiction to modify prior findings or Orders?

State of Maryland v. Andrew Brown - Case No. 65, September Term, 2018

Issues – Criminal Procedure – 1) Does an announced sentence that is anomalous in context qualify as an “evident mistake” that is subject to correction under Maryland Rule 4-345(c)? 2) Can statements regarding the defendant’s aggregate sentence, serve under Maryland Rule 4-345(c), to “correct” a mistake in the announcement of a sentence on an individual count?

State of Maryland v. Mark Edmund Christian, II - Case No. 68, September Term, 2018

Issues – Criminal Procedure – 1) Did the post-conviction court and CSA err when each court declined to order a hearing to resolve serious and wide-spread concerns about the integrity of the transcripts in this case and in other criminal trials presided over by this trial court judge? 2) Did the post-conviction court err when it failed to consider whether Respondent was prejudiced by his counsel’s failure to object to instructions that told the jurors that the court’s instructions were “binding” and that they “must apply” the law as the court explained and also told the jurors that they were the “judges of the law,” and did CSA err when it concluded that the instructions resulted in “structural error” and that, consequently, Respondent had satisfied his burden to show that but for counsel’s failure to object to the instructions, there was a substantial possibility that the outcome of his trial would have been different?

Joseph Stracke, et al. v. Estate of Kerry Butler, Jr., et al. - Case No. 64, September Term, 2018

Issues – Courts & Judicial Proceedings – 1) Does willful or gross negligence by an omission defeat the immunity from liability granted to fire and rescue personnel by the Maryland Fire and Rescue Company Act, Md. Code, Courts & Judicial Proceedings § 5-604, or is the immunity lost only by a willful or grossly negligent affirmative act? 2) Did CSA err in finding sufficient evidence that Petitioners committed gross negligence that caused the death of a patient, when undisputed evidence established that Petitioners assessed the patient, including taking vital signs, and within seven minutes transported the patient to the hospital, where his condition suddenly worsened? 3) Does § 5-604 afford Petitioners, as employees of a fire department, limited immunity against claims for simple negligence?

Wireless One, Inc. v. Mayor and City Council of Baltimore, et al. - Case No. 70, September Term, 2018

Issues – Real Property – 1) Under Real Property Article § 12-201(e)(1)(i)(2), is a person who leaves a publicly funded facility as a result of demolition or rehabilitation excluded from relocation benefits if it leased after the unit of government acquired title to the real property? 2) Has Petitioner stated a claim for an unconstitutional taking?





Granted February 22, 2019

Edinson Herrera Ramirez v. State of Maryland - Case No. 72, September Term, 2018

Issues – Criminal Procedure – 1) Did CSA err when it held that a structural error did not occur when a biased juror was not stricken from the jury by trial counsel? 2) Did CSA err when it held that even if a structural error occurred Petitioner was not prejudiced? 3) Was Petitioner denied effective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984)? 4) Did CSA err when, as support for its decision, it used the number of prospective jurors in St. Mary’s County when trial in this case was held in Carroll County?



Denied February 22, 2019

Adams v. Dept. of Health & Mental Hygiene - Pet. Docket No. 403
Amster v. Baker - Pet. Docket No. 418
Barsh v. Dore - Pet. Docket No. 425
Bly v. Rochvarg - Pet. Docket No. 364
Bowling, John v. State - Pet. Docket No. 409
Brandon, Dontaz v. State - Pet. Docket No. 433
Brown, Adrian v. State - Pet. Docket No. 460
Cochran, Jeremy v. State - Pet. Docket No. 419
Collins v. Cove Point Beach Ass'n. - Pet. Docket No. 372
Conteh, Jeremiah v. State - Pet. Docket No. 452
Cullen, Jimmy Lee v. State - Pet. Docket No. 441
Demby, Cory Jamahl v. State - Pet. Docket No. 392 and conditional cross-petition
Donaldski v. Bennett - Pet. Docket No. 438
Dyson, Eric Sylvester v. State - Pet. Docket No. 386
Ellis, Edward v. State - Pet. Docket No. 439
Enang, Franklin Ajang v. State - Pet. Docket No. 423
Enow, Ndokley Peter v. State - Pet. Docket No. 416
Estate of Schatz v. John Crane, Inc. - Pet. Docket No. 443
Fields, Daniel Ian v. State - Pet. Docket No. 397
Firew v. Godana - Pet. Docket No. 456
Forrestel v. Forrestel - Pet. Docket No. 390
Gladden v. Powell Recovery Center - Pet. Docket No. 325
Goshen Run HOA v. Cisneros - Pet. Docket No. 424
Harris, Robert v. State - Pet. Docket No. 312
Holzheid v. Comptroller - Pet. Docket No. 422
Hooks, Anthony Gerald v. State - Pet. Docket No. 431
Ibru v. Ibru - Pet. Docket No. 396
In re: E.R., T.R., J.R., and D.B. - Pet. Docket No. 411
In the Matter of: W.E.-R. - Pet. Docket No. 471
Jeffers, Spence v. State - Pet. Docket No. 472
Leon, Imer Besai v. State - Pet. Docket No. 318
McCrea v. Board of Appeals, DLLR - Pet. Docket No. 448
McKinney, Derek v. State - Pet. Docket No. 444
Mid-Atlantic Homes v. Manufacturers & Traders Trust - Pet. Docket No. 449
Mitchell, Dante v. State - Pet. Docket No. 465
Mongo v. GEICO Casualty Co. - Pet. Docket No. 420
Moreton v. Rathell - Pet. Docket No. 402
Myers v. Anne Arundel Cnty. - Pet. Docket No. 334
Nicholson, Carlos v. State - Pet. Docket No. 446
Nuzback Revocable Trust v. Nazario Family, LLC - Pet. Docket No. 435
Pair, Percy Edward, Jr. v. State - Pet. Docket No. 464
Petition of Garrett v. Cunningham Excavating - Pet. Docket No. 400
Robinson v. Rental Maintenance - Pet. Docket No. 322
Rose, Eric v. State - Pet. Docket No. 469
Shepard v. Windsor Valley Three Housing Assoc. - Pet. Docket No. 430
Shores v. Arnold - Pet. Docket No. 412
Small v. Mayor & City Council of Baltimore - Pet. Docket No. 376
Smith v. WSSC - Pet. Docket No. 410
Spell, George v. State - Pet. Docket No. 459
Staples v. Comptroller - Pet. Docket No. 417 and conditional cross-petition
Steck, Ryan Lawrence v. State - Pet. Docket No. 455
Swift v. Univ. of Maryland, College Park - Pet. Docket No. 442
Tanner, Burt v. State - Pet. Docket No. 428
Turnkey Properties v. Jones - Pet. Docket No. 323
Walls, Jachin v. State - Pet. Docket No. 429
White v. Jones - Pet. Docket No. 445