SCHEDULE OF ORAL ARGUMENTS
September Term, 2014
Wednesday, September 3, 2014:
Bar Admissions
AG No. 81 (2013 T.) Attorney Grievance Commission of Maryland v. Donald Saunders Litman
Attorney for Petitioner: James N. Gaither
Attorney for Respondent: Donald Saunders Litman
AG No. 25 (2013 T.) Attorney Grievance Commission of Maryland v. Christine Boco Gage-Cohen
Attorney for Petitioner: Jamse N. Gaither
Attorney for Respondent: Christine Boco Gage-Cohen
AG No. 49 (2013 T.) Attorney Grievance Commission of Maryland v. Floyd Reynard Blair
Attorney for Petitioner: James N. Gaither
Attorney for Respondent: Floyd Reynard Blair
No. 3 State of Maryland v. Jonathan Johnson
Issue – Criminal Law – Is a “suggestion” by the defendant that the victim’s mental health records may contain information that is either exculpatory or relating to the victim’s “propensity for veracity,” not sufficient, under Goldsmith v. State, 337 Md. 112 (1995), to “call for an in camera review” of those records?
Attorney for Petitioner: Cathleen C. Brockmeyer
Attorney for Respondent: Julia C. Schiller
No. 97 (2013 T.) Gregory Howard v. State of Maryland
Issues – Criminal Law – 1) Did the trial court err in refusing Petitioner’s request for a postponement without sending the matter to the administrative judge or its designee? 2) Did the trial court fail to make the necessary inquiry regarding Petitioner’s request for counsel before denying the request for a postponement? 3) Did the trial court err in finding that Petitioner’s waiver of counsel resulted in a concomitant waiver of the right to discovery? 4) Was Petitioner deprived of his constitutional right to a speedy trial?
Attorney for Petitioner: Daniel Kobrin
Attorney for Respondent: Robert Taylor, Jr.
AG No. 10 (2013 T.) Attorney Grievance Commission of Maryland v. Daun Robert Weiers
Attorney for Petitioner: JaCina N. Stanton
Attorney for Respondent: Daun Robert Weiers
AG No. 36 (2013 T.) Attorney Grievance Commission of Maryland v. Jason Robin Gelb
Attorney for Petitioner: JaCina N. Stanton
Attorney for Respondent: Jason Robin Gelb
AG No. 16 (2013 T.) Attorney Grievance Commission of Maryland v. Ronald Claude Brigerman, Jr.
Attorney for Petitioner: Caroll G. Donayre
Attorney for Respondent: Ronald Claude Brigerman, Jr.
No. 99 (2013 T.) Luther Gales, III v. Sunoco, Inc. and American Zurich Insurance
Issue – Workers’ Compensation – Are Appellants in a de novo workers’ compensation appeal required to admit into evidence the award from which the appeal was taken as an element of their burden of proof?
Attorney for Petitioner: Robert J. Zarbin
Attorney for Respondent: Shiva Trigg
AG No. 73 (2012 T.) Attorney Grievance Commission of Maryland v. Joseph Mua Kum
Attorney for Petitioner: Raymond A. Hein
Attorney for Respondent: Joseph Mua Kum
AG No. 72 (2012 T.) Attorney Grievance Commission of Maryland v. Scott Gregory Adams
Attorney for Petitioner: Lydia E. Lawless
Attorney for Respondent: Andrew Jay Graham
No. 2 John S. Burson, et al. v. Jeffrey G. Capps
Issues – Financial Institutions – 1) Whether a Truth-in-Lending Act (“TILA”) Notice of Rescission can be effective to cancel a loan transaction that has not yet taken place, and remain effective despite the issuing party’s subsequent acceptance of the benefits of the transaction? 2) Whether a TILA action filed in December 2009 on the basis of a Notice of Rescission issued in April 2007 was untimely as beyond the one-year statute of limitation in 15 U.S.C. § 1640(e)? 3) Whether rescission is an available remedy when the trial court has no jurisdiction over either the original lender or its assignee because all claims against both have been dismissed, with no appeal taken from that dismissal?
Attorney for Petitioner: Joshua Tropper
Attorney for Respondent: Richard I. Chaifetz
AG No. 5 (2013 T.) Attorney Grievance Commission of Maryland v. Sandra Lynn Reno
Attorney for Petitioner: JaCina N. Stanton
Attorney for Respondent: Howard L. Cardin
AG No. 33 (2013 T.) Attorney Grievance Commission of Maryland v. Thomas Wesley Felder, II
Attorney for Petitioner: Caroll G. Donayre
Attorney for Respondent: Thomas Wesley Felder, II
No. 85 (2013 T.) State of Maryland v. Joseph William Payne & Jason Bond
Issues – Criminal Law – 1) May a trial court allow a lay witness, without qualification as an expert, to testify about objectively verifiable facts regarding cell phone towers that do not involve the witness forming any opinion or drawing any inference or conclusion? 2) Did CSA err in ruling that wiretap statements made by Respondent Bond but not Respondent Payne were nevertheless admissible against Payne as statements by a party-opponent?
Attorney for Petitioner: Sarah Page Pritzlaff
Attorney for Respondents: Thomas M. Donnelly and Joseph B. Tetrault
No. 4 Deborah Hiob, et al. v. Progressive American Insurance Company, et al.
Issues – Civil Procedure – 1) Did CSA err in holding that a partial voluntary dismissal can constitute an appropriate “separate document” for the purpose of Maryland Rule 2-601 even though that document is not signed by the clerk or the court? 2) Whether judgment was entered on the date the clerk entered the court’s order entering judgment and whether the notice of appeal filed prior to that docket entry is a premature appeal saved by the provisions of Rule 8-602(d)?
Attorney for Petitioner: Linda M. Schuett
Attorney for Respondent: Angus R. Everton
On the day of argument, counsel are instructed to register in the Clerk’s Office no later than 9:30 a.m. unless otherwise notified.
After September 10, 2014 the Court will recess until October 2, 2014.
BESSIE M. DECKER
CLERK