Petitions for Writ of Certiorari - June, 2023


September Term, 2022



Granted June 15, 2023

Westminster Management, LLC, et al. v. Tenae Smith, et al. – Case No. 4, September Term, 2023 - Petition and conditional cross-petition granted

Issues – Real Property – 1) Did the ACM err in reversing the trial court’s judgment on the grounds that the undefined term “rent” in Md. Code § 8-401 of the Real Property (“RP”) Article means only the periodic charge for use or occupancy of the premises, contrary to this Court’s precedent? 2) Does Maryland law allow a landlord and tenant to contract in the lease the manner in which the tenant’s payments for rent and other hard costs will be applied and allocated? 3) Does Maryland law allow a landlord to pass on its costs in initiating a summary ejectment action under RP § 8-401, including agent and summons fees, to a delinquent tenant under a lease? 4) Did the ACM err in reversing the trial courts denial of class certification, where the unique and individualized circumstances of the claims and defenses as to each putative claimant render this lawsuit unsuitable for class action treatment? 5) Whether Respondents are entitled to summary judgment on liability and declaratory judgments regarding their rights?

Charles Riley, Jr., Revocable Trust, et al. v. Venice Beach Citizens Association, Inc. – Case No. 5, September Term, 2023

Issues – Real Property – 1) Did the trial court abuse its discretion by vacating and reversing an interlocutory order granting partial summary judgment in favor of Petitioner, given that the court (a) did not vacate the interlocutory order until the conclusion of a trial in which Petitioner had no reason to put on evidence concerning claims that were already adjudicated in its favor and (b) entered judgment in favor of Respondent because, according to the ACM, “the evidence at trial did not support” Petitioner’s claims? 2) Did the ACM abuse its discretion by directing the trial court to reconsider Respondent’s counter-complaint on remand, given that final judgment was entered against Respondent on its counter-complaint, Respondent didn’t note any cross-appeal from the judgment, and Respondent did not assert any error regarding the trial court’s judgment in its brief to the ACM?

Motor Vehicle Administration v. Rahq Deika Montana Usan – Case No. 6, September Term, 2023

Issue – Transportation – Did the administrative law judge correctly find that reasonable grounds existed under Md. Code § 16-205.1 of the Transportation Article for a law enforcement officer to request a motorist to take a test for alcohol concentration, despite there being no odor of alcoholic beverage on his breath and a preliminary breath test result reflecting 0.00 blood alcohol content, but where the motorist was driving erratically and with indicia of intoxication to include horizontal gaze nystagmus and lack of coordination and balance?



Denied/Dismissed June 20, 2023

Adler, Charles, III v. State – Pet. Docket No. 47 *
Alexander, Rodney James v. State – Pet. Docket No. 54 *
Bell, Donald v. State – Pet. Docket No. 55 *
Bowers v. TKA, Inc. – Pet. Docket No. 39 *
Brooks v. Stonegate A Condo. – Pet. Docket No. 4 *
Brooks, Anthony Leon v. State – Pet. Docket No. 41 *
Burke v. Beauchamps – Pet. Docket No. 38 *
Cedar Hill Development v. Blackjack Trucking – Pet. Docket No. 46 *
City of Annapolis v. Bozarth – Pet. Docket No. 51 *
DeLeon v. Fox – Pet. Docket No. 33 *
Dept. of Health v. Sulerzyski – Pet. Docket No. 31 *
Donoway, Alan v. State – Pet. Docket No. 43 *
Drazin v. 4620 N. Park Ave. Condo. Ass’n v. State – Pet. Docket No. 59 *
Edward, Joseph Wendell, Jr. v. State – Pet. Docket No. 57 *
Enow, Ndokley Peter v. State – Pet. Docket No. 52 *
Furrer v. Siegel & Rouhana, LLC – Pet. Docket No. 273
Gladden v. Woodford – Pet. Docket No. 45 *
Gothard v. Frederick. Rd. Sr. 4% Owner – Pet. Docket No. 42 *
Grant, Corey Malik v. State – Pet. Docket No. 34 *
Gratton v. Progar – Pet. Docket No. 44 *
Hargrave v. Cade – Pet. Docket No. 251
Howard v. Howard – Pet. Docket No. 66 *
In the Matter of the Petition of Gaff – Pet. Docket No. 35 *
In the Matter of Tyler – Pet. Docket No. 18 *
Jiggetts v. Prologue Inc. – Pet. Docket No. 32 *
Kiebler v. Johns Hopkins Bayview Med. Ctr. – Pet. Docket No. 26 *
McGaney, Charles v. State – Pet. Docket No. 56 *
McNatt, Terrence v. State – Pet. Docket No. 53 *
Mitchell v. Rite Aid of Md. – Pet. Docket No. 36 * and cross-petition
Nivens, Stephen v. State – Pet. Docket No. 60 *
S. Miami Pens. Plan v. Starwood Waypoint Res. Trust – Pet. Docket No. 297
Sharp, Kenneth v. State – Pet. Docket No. 58 *
Simon, Demetric v. State – Pet. Docket No. 16 *
Zhang v. Paypal – Pet. Docket No. 24 *

* September Term, 2023



Granted June 28, 2023

Adnan Syed v. Young Lee, as Victim's Representative, et al. – Case No. 7, September Term, 2023 - Petition and cross-petition granted

Issues – Criminal Procedure – 1) Does a lawfully entered nolle prosequi render moot an appeal alleging procedural violations at a hearing occurring prior to the nolle prosequi? 2) Does a victim’s representative, a non-party to a case, have the right to attend a vacatur hearing in-person or does remote attendance satisfy the right? 3) Was notice to the victim’s representative of the vacatur hearing sufficient where the State complied with all statutory and rules-based notice requirements? 4) Must a victim’s representative seeking reversal show prejudice on appeal? 5) Is a victim’s right to speak incorporated into the Vacatur Statute, Md. Code § 8-301.1 of the Criminal Procedure Article, where no party or entity other than the victim has an interest in challenging the evidence alleged to support vacatur?