Petitions for Writ of Certiorari - December, 2024

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2024

 

Granted December 19, 2024

County Council of Prince George's County v. Robin Dale Land LLC, et al. – Case No. 38, September Term, 2024

Issues – Land Use – 1) Did ACM err when it held that the District Council’s adoption of Council Resolution (CR)-136-2021 approving the Countywide Sectional Map Amendment is not comprehensive rezoning when this Court in Prince George’s Cnty. Council v. Concerned Citizens of Prince George’s Cnty., 485 Md. 150 (2023), and the Maryland General Assembly, recognized that CR-136-2021 is comprehensive rezoning? 2) Did ACM err in its interpretation and application of Section 27-222 of the prior zoning ordinance (concerning sectional map amendments) and this Court’s precedent on the hallmarks of comprehensive rezoning when it held that the District Council’s adoption of CR-136-2021 is not a comprehensive rezoning? 3) Did ACM err when it failed to apply CR-136-2021, a change in law, as required by McHale v. DCW Dutchship Island, 415 Md. 145 (2010), when ACM previously held in Bazzarre v. County Council, 2017 WL 2334472 (May 30, 2017) that none of the property owners had vested or accrued substantive rights. 4) Was the District Council’s adoption of CR-11-2019 and CR-12-2019 approving the Subregion 5 and 6 Master Plans and Sectional Map Amendments, made within the legal boundaries of its plenary legislative powers?

Sergey S. Danshin v. State of Maryland – Case No. 39, September Term, 2024

Issue – Criminal Law – Did the trial court commit reversible error by refusing to propound the pattern jury instruction on defense of others where Petitioner denied being the shooter but the record provided evidence of the Petitioner’s state of mind at the time of the shooting?

Daniel M. Hall v. Anne Arundel County, Maryland – Case No. 40, September Term, 2024

Issues – Health General – 1) Did the trial court err in affirming the Personnel Board’s decision that the County’s termination of Petitioner’s employment for using medical cannabis with a valid written certification was proper? 2) Did the trial court err in affirming the Board’s finding that Petitioner could have been under the influence of cannabis at work?

In re Expungement Petition of Bradley B. – Case No. 41, September Term, 2024

Issue – Criminal Procedure – Does § 10-110 of the Criminal Procedure Article, which permits people who meet other eligibility criteria to expunge certain convictions after a waiting period that begins when they “satisf[y] the sentence…imposed,” nevertheless prohibit someone from ever expunging an eligible conviction if they were, for any reason, ever found in violation of probation ordered for that conviction and probation closed as “unsatisfactory”?

 

Denied/Dismissed December 20, 2024

The order denying or dismissing the below petitions can be found here.

Abraham, Keion Kalil v. State – Pet. No. 273 
Bailey, William M. v. State – Pet. No. 350 
Bay City Property Owners Ass’n v. Cnty. Comm’rs of Queen Anne’s Cnty – Pet. No. 333 
Brooks, Martin v. State – Pet. No. 339 
Cropper, John Edward v. State – Pet. No. 321 
DeBerry v. Mount St. Mary’s University – Pet. No. 287 
DeBerry v. Nguyen – Pet. No. 290 
Ferrell, Martinez D. v. State – Pet. No. 266 
Hall v. State Employees Credit Union – Pet. No. 356 
Hawkins v. Mohamed and Son Jewelers – Pet. No. 279 
Helfrich v. King – Pet. No. 322
Hernandez v. Prince George’s Cnty. Police Dept. – Pet. No. 303 
Ibrahim v. Moriarty – Pet. No. 327 
In re: Su.N., Sa.N., & So.N. – Pet. No. 308 
In the Matter of Hill – Pet. No. 345 
In the Matter of the Petition of Md. BioEnergy – Pet. No. 325 and conditional cross-petition 
Inko-Tariah v. Okereke – Pet. No. 302 
Jen’s Place v. Federal Hill Investments – Pet. No. 332 
Jones, Jeffrey R. v. State – Pet. No. 312 
Kanda, George v. State – Pet. No. 323 
Lawson, Damon v. State – Pet. No. 320 
Lofland, Da’yon v. State – Pet. No. 334 
McKnight v. Bank Auto Body – Pet. No. 310 
Melvin, Shaunessi v. State – Pet. No. 288 
Nash, Michael Anthony v. State – Pet. No. 306 
Nivens, Stephen v. Dept. of Pub. Safety & Correctional Servs. – Pet. No. 335 
Nyarko v. Akinlade – Pet. No. 278 
Okedi v. White Oaks Auto service – Pet. No. 307 
Reeves v. Akunne – Pet. No. 293 
Shing v. Univ. of Md. Medical Center – Pet. No. 348 
Snead v. ECI Cemetery SVC of MD – Pet. No. 276 
Yan v. Suarez – Pet. No. 319 
Young v. The Park at Winterset – Pet. No. 337 

 

Denied/Dismissed December 31, 2024

DeBerry, Shaunesi v. State – Pet. No. 361
DeBerry, Shaunesi v. State – Pet. No. 362
DeBerry, Shaunesi v. State – Pet. No. 363
DeBerry, Shaunesi v. State – Pet. No. 364
DeBerry, Shaunesi v. State – Pet. No. 365