Petitions for Writ of Certiorari - March 2019


September Term, 2018



Granted March 5, 2019

State of Maryland v. Philip Daniel Thomas - Case No. 73, September Term, 2018

Issue – Criminal Procedure – As a matter of first impression, is a sentence imposed on remand legal if the new sentence imposes the same or fewer years of imprisonment but results in a later parole eligibility date than the original sentence?

John Junek v. St. Mary's County Department of Social Services - Case No. 74, September Term, 2018

Issue – Family Law – Is intent or scienter an element of child neglect under Md. Code Ann., Family Law § 5-701(s)?

Davona Grant, et al. v. County Council of Prince George's County sitting as the District Council, et al. - Case No. 75, September Term, 2018

Issues – Administrative Law – 1) Does Maryland administrative law authorize a zoning tribunal to vote to approve a special exception without deliberating on the factual issues and then delegate to its staff attorney the authority to make the required factual findings without informing the staff attorney of the factual basis of the tribunal’s decision? 2) If CSA is correct that the District Council’s staff “attorney prepared a draft opinion and showed it separately to individual members of the District Council” before the meeting, is such a process an “evasive device” which violates the Open Meeting Act? 3) Did the District Council err by exercising original jurisdiction when it reversed the Zoning Hearing Examiner’s decision?

Luke Daniel Johnson v. State of Maryland - Case No. 76, September Term, 2018

Issues – Criminal Procedure – 1) Does Maryland Code Ann., Criminal Procedure, § 6-223(e)(4), which provides that a “finding under paragraph (2) of this subsection … is subject to appeal under Title 12, Subtitle 3 or Subtitle 4 of the Courts Article,” give a right of appeal to a probationer or defendant who receives and enhanced sentence based on a finding under paragraph (2) of § 6-223(e)? 2) Was the evidence presented at the hearing sufficient to rebut the presumption established by paragraph (1) of Crim. Proc. § 6-223(e), after consideration of the factors set forth in paragraph (2)? 3) Did the trial court err when it sentenced Petitioner to life in prison, suspending all but forty-six years with credit for time served, for his first technical violation of probation, without following necessary procedures, including compliance with Crim. Proc. § 6-223(d)(3)?

Donald Eugene Bailey v. State of Maryland - Case No. 77, September Term, 2018

Issues – Criminal Procedure – 1) Did CSA err in holding that the trial court did not illegally impose an enhanced sentence after the State failed to serve timely notice under Md. Rule 4-245(b)? 2) If Petitioner’s sentence was not illegal, did CSA misapply the test for determining whether he received ineffective assistance of counsel?

Timothy Heidenberg v. Claudia Grier - Case No. 78, September Term, 2018

Issues – Courts & Judicial Proceedings – 1) Does Dawkins v. Balt. City Police Department, 376 Md. 53 (2003), preclude a parent immediate appellate review from the rejection of the doctrine of parent-child immunity? 2) Does the doctrine of parent-child immunity survive the death of a child?


Denied March 29, 2019

Basso v. Campos - Pet. Docket No. 447
Birjandee v. Dadjou - Pet. Docket No. 487
Branch, Jovon v. State - Pet. Docket No. 507
Butcher, Edward v. State - Pet. Docket No. 473
Camacho, Francisco v. State - Pet. Docket No. 499
Castruccio v. Estate of Castruccio - Pet. Docket No. 437
Davis v. Cockeysville Elementary - Pet. Docket No. 384
Eichie v. Allstate Insurance - Pet. Docket No. 382
Hall v. Massey - Pet. Docket No. 479
Harney, Daniel S. v. State - Pet. Docket No. 506
Harris, Katrina v. State - Pet. Docket No. 483
Hawkins, Timothy v. State - Pet. Docket No. 408
Howard v. Crumlin - Pet. Docket No. 489
Hughes, Latray Tavon v. State - Pet. Docket No. 478
In the Matter of Arnold-Whaley v. Bd. of Prof. Counselors and Therapists - Pet. Docket No. 462
Jennings v. Lewis - Pet. Docket No. 485
Johnson v. Francis - Pet. Docket No. 484
Kirson v. Heckstall - Pet. Docket No. 504
McFadden v. Fields & Rosenberg and Assoc. - Pet. Docket No. 451
Motley, Matthew Carlos v. State - Pet. Docket No. 463
Nivens, Stephen v. State - Pet. Docket No. 461
Ozah, William Chinedu v. State - Pet. Docket No. 503
R.T. Butler Wholesale Auto v. Capital Auto & Truck - Pet. Docket No. 366
Sharp, Khevyn Arcelle, III v. State - Pet. Docket No. 475
Suire, David M. v. State - Pet. Docket No. 491
Trusty v. MTGLQ Investors - Pet. Docket No. 453
Young v. O'Bryan - Pet. Docket No. 407


Granted March 29, 2019

State of Maryland v. Aaron Terrell Alexander - Case No. 1, September Term, 2019

Issues – Criminal Procedure – 1) Does section 6-233(a) of the Criminal Procedure Article, which allows a trial court to terminate a probation, permit that court to dismiss a violation of probation (“VOP”) petition filed by the State simply because the violation alleged is technical and the probationer served the equivalent of the presumptive penalty in custody awaiting the hearing on the VOP petition? 2) In any event, where the record shows that the trial court was mistaken in concluding that Respondent’s probation had expired, did the trial court err in closing the probation?

Telos Corporation v. Seth W. Hamot, et al. - Case No. 2, September Term, 2019

Issues – Torts – 1) Does Maryland law apply “more relaxed standards of proof with regard to the proof of the amount of damages,” in intentional interference cases, in order that the “wrongdoer shall bear the risk of the uncertainty which his own wrong has created”? 2) Did the trial court err in failing to apply those “relaxed standards of proof” when considering the evidence of Petitioner’s damages resulting from Respondents’ intentional interference with Petitioner’s contract with its auditor?