Petitions for Writ of Certiorari - May 2019

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2018

 

 

Granted May 14, 2019

Tshibangu Kazadi v. State of Maryland - Case No. 11, September Term, 2019

Issues – Criminal Law – 1) Is a criminal defendant entitled, upon request, to voir dire questions aimed at identifying prospective jurors who are unable or unwilling to apply the principles that the State has the burden of proving the defendant guilty beyond a reasonable doubt, that the defendant is presumed innocent, and that the defendant has the right to remain silent and refuse to testify and that no adverse inference may be drawn from the defendant’s silence? 2) Where a critical State’s witness reveals pretrial that she and her minor child, also a witness, are subject to a deportation order, must the State provide in discovery the witness’s Alien Number and a copy of the deportation order so that defense counsel may identify potential impeachment evidence as described in Maryland Rules 5-608(b) and 5-616(a)(4)? 3) Where defense counsel has a good-faith basis to believe that critical State’s witnesses are the subject of deportation orders, is defense counsel entitled to cross-examine those witnesses about their immigration issues pursuant to Maryland Rules 5-608(b) and 5-616(a)(4), the Sixth Amendment to the United States Constitution, and Article 21 of the Maryland Declaration of Rights?

Won Bok Lee v. Won Sun Lee - Case No. 13, September Term, 2019

Issues – Courts & Judicial Proceedings – 1) When a judgment has been entered properly in a trial court’s electronic case management system in compliance with Maryland Rule 2-601(b)(2), must the docket entry and its date of entry also be identified clearly on the Case Search feature of the Judiciary website in order for there to have been an “entry” of the judgment to begin the 30-day time period in which an appeal must be filed? 2) When a federal court judgment is recorded and entered in a Maryland circuit court, may the state court judgment be renewed independently of any renewal of the federal court judgment?

Motor Vehicle Administration v. Ariel A. Medvedeff - Case No. 15, September Term, 2019

Issue – Transportation – Is it error for an administrative law judge to impose credibility determinations and inferences from circumstances at the scene of a drunk driving arrest in making a legal determination that the detaining officer lacked reasonable grounds to suspect that the person sitting in the driver’s seat after a traffic stop was driving and, therefore, that the officer could not request that the detainee take an alcohol concentration test under Transportation Art. § 16-205.1?

Elijah Peterson v. State of Maryland - Case No. 14, September Term, 2019

Issues – Criminal Procedure – 1) Is postconviction relief available to a person who has been convicted of a crime, found to be not criminally responsible, and is either committed to a psychiatric hospital or on conditional release? 2) Is coram nobis relief available to a person who has been convicted of a crime, found to be not criminally responsible, and is either committed to a psychiatric hospital or on conditional release? 3) Did CSA err in holding that Petitioner, who was convicted of a crime and found not to be criminally responsible and was on conditional release, was not eligible to collaterally challenge his convictions by either a postconviction petition or a petition for writ of coram nobis?

Brian Wynne, et al v. Comptroller of Maryland - Case No. 12, September Term, 2019

Issue – Taxation – Did the trial court correctly hold that Section 16 of the Budget Reconciliation and Financing Act of 2014 does not violate the dormant Commerce Clause of the U.S. Constitution, even though it reduces the interest on tax refunds paid to a discrete class of taxpayers engaged in interstate commerce?

 

 

Denied May 17, 2019

Berry, Rufus v. State - Pet. Docket No. 31 *
Craddock v. Univ. of Md. Medical System Corp. - Pet. Docket No. 13 * 
Diggs, Antonio v. State - Pet. Docket No. 495
Jesmer v. Town of Denton - Pet. Docket No. 34 * 
Jones, Duane v. State - Pet. Docket No. 490
Lemon v. Mosley - Pet. Docket No. 35 *
Mayor & Council of Ocean City v. Comm'rs of Worcester Cnty. - Pet. Docket No. 26 * 
McDonald, Shani Tiffera v. State - Pet. Docket No. 53 *
Mitchell, Anthony Loyd, II - Pet. Docket No. 474
Pellum v. Unique and Modern Homes - Pet. Docket No.  530
Richburg, Maurice v. State - Pet. Docket No. 52 *
Sewell v. Capital Area Title - Pet. Docket No. 29 *
Singletary, Tavon v. State - Pet. Docket No. 48 *
Thomas, David v. State - Pet. Docket No. 481
Tunstall, Jajuan Demetrius v. State - Pet. Docket No. 492





* September Term 2019