Petitions for Writ of Certiorari - July, 2022

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2021

 

 

Granted July 8, 2022

Steven G. Carver v. State of Maryland – Case No. 14, September Term, 2022

Issues – Criminal Law – 1) As a matter of first impression, when evaluating newly discovered evidence in an actual-innocence proceeding, must a court consider the new evidence and the evidence admitted at trial collectively with evidence that was available to the defense but not offered at trial, and/or offered but excluded, where the available evidence was made relevant and admissible by the newly discovered evidence? 2) Where Joseph Kopera was the sole firearms expert at trial, is the contrary opinion of a non-fraudulent firearms expert, obtained after the revelation of Kopera’s fraud, newly discovered evidence? 3) Did the lower courts err by failing to consider the cumulative impact of separate but related categories of newly discovered evidence as required by Faulkner v. State, 468 Md. 418 (2020)? 4) Did the lower court err by denying the petition for writ of actual innocence?

Tyrie Washington v. State of Maryland – Case No. 15, September Term, 2022

Issues – Criminal Law – 1) In light of the legitimate reasons why young Black men may be afraid of interacting with the police, what weight, if any, should “unprovoked” flight from the police be given in the reasonable suspicion analysis? 2) Does flight from the Baltimore police by a young Black man in Baltimore City give police reasonable suspicion to make a Terry stop? 3) Did CSA err by holding that the stop of Petitioner did not violate Petitioner’s rights under the Fourth Amendment, despite recognizing the “problematic implications” of relying on flight from the police in the reasonable suspicion analysis? 4) Did CSA err by holding that the stop of Petitioner did not violate Petitioner’s rights under Article 26 of the Maryland Declaration of Rights, and, if so, does a violation of Article 26 require the exclusion of the illegally seized evidence? 5) Should the detectives’ observations of a “bulge” in Petitioner’s waistband and that Petitioner was “manipulating something at his front as he’s running” be imputed to the arresting officer and considered in the reasonable suspicion analysis under the collective knowledge doctrine?

 

 

Denied/Dismissed July 8, 2022

Md. State Board of Education v. Bradford - Pet. Docket No. 131 *
Warner, Luke J. v. State of Maryland - Pet. Docket No. 116 *
Warner, Luke J. v. State of Maryland - Pet. Docket No. 117 *
Warner, Luke J. v. State of Maryland - Pet. Docket No. 118 *






* September Term, 2022

 

 

Denied/Dismissed July 22, 2022

Alexander, Bernard Eugene v. State - Pet. Docket No. 87 *
Binkis, Jeffrey v. State, et al. - Pet. Docket No. 25 *
Biser, Matthew Mark, Jr. v. State - Pet. Docket No. 99 *
Bonds v. Commons at White Marsh - Pet. Docket No. 41 *
Brown, Marc Christopher, Jr. v. State - Pet. Docket No. 100 *
Brown, Marc Christopher, Jr. v. State - Pet. Docket No. 101 *
Comer, Ronald Brian, Jr. v. State - Pet. Docket No. 82 *
Comptroller of Md. v. A+ Gov't Solutions - Pet. Docket No. 105 *
Cook v. Wedlock - Pet. Docket No. 27 *
Faulkner, Alvin v. State - Pet. Docket No. 142 *
Gardner v. Gardner - Pet. Docket No. 98 *
Goodwin v. Jackson - Pet. Docket No. 26 *
Gootee, K'lin C., v. State - Pet. Docket No. 78 *
Holland v. Child Support Administration - Pet. Docket No. 102 *
Hyman, Karaca v. State - Pet. Docket No. 83 *
Kellam v. Purdue Farms - Pet. Docket No. 75 *
Malinowski v. Malinowski - Pet. Docket No. 84 *
Mayor & City Cncl. of Baltimore v. Xu - Pet. Docket No. 94 *
Moise, Richard D. v. State - Pet. Docket No. 77 *
Okeyo-Odera, Calvin v. State - Pet. Docket No. 108 *
Owens, Lewis Eric v. State - Pet. Docket No. 74 *
Quesenberry, Patrick J. v. State - Pet. Docket No. 97 *
Resnick v. Krunchcash, LLC - Pet. Docket No. 91 *
Resnick v. Krunchcash, LLC - Pet. Docket No. 90 *
Resnick v. Krunchcash, LLC - Pet. Docket No. 89 *
Sheth v. Horn - Pet. Docket No. 95 *
Smith v. Jones - Pet. Docket No. 51 *
Stewart v. Prince George's Cnty. Planning Bd. - Pet. Docket No. 104 *
Stupart, Marc Anthony v. State - Pet. Docket No. 49 *






* September Term, 2022