Petitions for Writ of Certiorari - October 2019

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2019

 

Granted October 9, 2019

Jonathan Hemming v. State of Maryland - Case No. 48, September Term, 2019

Issues – Criminal Law – 1) Does a trial court have discretion under Md. Rule 4-253 to bifurcate separate counts between judge and jury in a single trial? 2) Did the trial court mistakenly believe that it had no authority under Rule 4-253 to bifurcate separate counts between judge and jury in a single trial and, as a result, fail to exercise its discretion under the rule? 3) Assuming, arguendo, that the trial court recognized and exercised its discretion, was the court’s refusal to bifurcate the counts charging possession of a regulated firearm by a disqualified person and possession of ammunition by a disqualified person from the remaining counts of the indictment an abuse of discretion under the circumstances of this case?

In the Matter of Bernard L. Collins - Case No. 49, September Term, 2019

Issues – Workers’ Compensation – Did the release in the settlement agreement between Mr. Collins, Huntingtown Volunteer Fire Department, Chesapeake Employers’ Insurance Company and Selective Insurance Company operate to bar Mrs. Collins’ subsequent claim for death benefits under the Maryland Workers’ Compensation Act? ?

Stanley Rochkind, et al. v. Starlena Stevenson - Case No. 47, September Term, 2019

Issues – Torts – 1) Was it error for the trial court to allow Plaintiff’s medical causation expert to testify that Plaintiff has attentional and behavioral injuries without providing a reliable method for attributing those injuries to lead exposure when Plaintiff had already been diagnosed with ADHD? 2) Was it error for the trial court to allow Plaintiff’s medical expert to render specific causation opinions based on general epidemiological studies? 3) Should the Court adopt the standard for admitting expert testimony under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)? 4) Was Plaintiff’s medical causation expert’s specific causation opinion admissible in this case under Rule 5-702, applying the standard set forth in Daubert?

Teddy Shannon v. State of Maryland- Case No. 46, September Term, 2019

Issues – Criminal Law – 1) Should Petitioner’s conviction for illegal possession of a regulated firearm, after a disqualifying conviction for possession with intent to distribute, be affirmed, notwithstanding the drafting error in Count Five of the indictment which mislabeled the disqualifying conviction – ‘to wit: 05/09/2008, Possession with Intent to Distributed, Case No.: 107312013’ – as a “crime of violence”? 2) Did the CSA err in holding that the original indictment charged a violation of Public Safety Article (“P.S.”), §5-133(c)(1)(i), and that an amendment with Petitioner’s consent was necessary to change the character of that predicate offense to a violation of P.S. §5-133(c)(1)(ii)?

 

Granted October 17, 2019

American Radiology Services, LLC, et al. v. Martin Reiss - Case No. 50, September Term, 2019

Issues – Torts – 1) Did CSA err in interpreting and extending Copsey v. Park, 453 Md. 141 (2017), to require a medical malpractice defendant arguing non-party negligence to present standard-of-care expert testimony where the defendant is not asserting non-party negligence as an affirmative defense? 2) Assuming arguendo that it was error for the trial court to submit the question of non-party negligence to the jury, did CSA err in concluding that the error was prejudicial based solely on an initially incorrectly completed juror questionnaire that was promptly corrected?

 

 

Denied October 18, 2019

Amick, Michael v. State - Pet. Docket No. 229
Banson, Christian v. State - Pet. Docket No. 246
Brown v. VIP Restoration - Pet. Docket No. 233
Daley v. Parker Hill Residentials - Pet. Docket No. 238
David A. v. Karen S. - Pet. Docket No. 248
Dickson, Daniel v. State - Pet. Docket No. 178
Eichelberger, Damon v. State - Pet. Docket No. 268
Garrett, Napoleon v. State - Pet. Docket No. 256
Grebiak v. Fargher - Pet. Docket No. 139
Gregg, Timario v. State - Pet. Docket No. 222
Hill, James Archer v. State - Pet. Docket No. 255
Higgins, Kenneth v. State - Pet. Docket No. 257
In re: D.A. - Pet. Docket No. 250
Jackson, Calvin O'Neil v. State - Pet. Docket No. 235
Jones, Kenneth v. State - Pet. Docket No. 247
Kirsch, Anne v. State - Pet. Docket No. 252
Kaur, Raminder v. State - Pet. Docket No. 202 and conditional cross-petition
Legacy Septic & Excavation v. Lawlor - Pet. Docket No.176
Martin, Tavone Antone v. State - Pet. Docket No. 267
McCray v. Allied Remodeling - Pet. Docket No. 227
Meyers v. Katz - Pet. Docket No. 244
Monlandojo v. Crawford - Pet. Docket No. 188
Mustafa v. Ward - Pet. Docket No. 261
Nouri v. Dadgar - Pet. Docket No. 219
Owens, Alphonso Dwayne v. State - Pet. Docket No. 263
Rund v. Weissman - Pet. Docket No. 230
Shenk v. Human Society of Carroll Cnty. - Pet. Docket No. 168
Shepherd v. Doctors Hospital - Pet. Docket No. 226
Szkiluk, Lukasz v. State - Pet. Docket No. 254
Smith, Ikiem v. State - Pet. Docket No. 264
Smith v. Auto Body Plus - Pet. Docket No. 234
Stancell, Donald McCoy, Jr. v. State - Pet. Docket No. 231
Steward, Paul Michael v. State - Pet. Docket No. 132
Thornton v. Dept. of Pub. Safety & Corr. Servs. - Pet. Docket No. 249
Villalobos-Chavarria, Ronald v. State - Pet. Docket No. 266
Wallace, Sean v. State - Pet. Docket No. 228
Wood, Rhyeeme Robert v. State - Pet. Docket No. 158
Young, Shiloh v. State - Pet. Docket No. 239