Petitions for Writ of Certiorari -- April 2016

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2015

Granted April 22, 2016

Attar V. DMS Tollgate - Case No. 12, September Term, 2016

Issues – Zoning and Planning – 1) Does Maryland’s special exception jurisprudence require the Baltimore Co. Board of Appeals to define the boundaries of the neighborhood of the proposed special exception before approving that special exception? If so, did the Board of Appeals’ opinion satisfied Maryland’s minimum requirements for articulating the facts found regarding the neighborhood’s boundaries? 2) Did CSA err in holding that the Applicant met its burden of proof, as articulated by the concurring opinion in People’s Counsel for Baltimore County v. Loyola College in Maryland, 406 Md. 54 (2008)?

Balfour Beatty Infrastructure v. Rummel, Klepper & Kahl - Case No. 14, September Term, 2016

Issues – Torts – 1) Did CSA err by applying the economic loss doctrine to a limited class of professionals – designers in government contracts – to shield an engineer from liability to a contractor when the engineer knows that its services will be relied upon to the contractor’s detriment if the engineer’s services are negligently performed? 2) Does the economic loss doctrine bar a government contractor’s action under Restatement of Torts (Second) § 552 against an engineer who negligently supplied information when all other elements are met and when other professional providers of information are not so protected? 3) Does the economic loss doctrine bar a government contractor’s action for negligent misrepresentation against an engineer when the engineer: (a) intended the contractor to rely upon the representations; (b) knew that the contractor would rely upon the design; and (c) knew that the contractor would be harmed if the design was negligently performed?

Breck V. Maryland State Police - Case No. 13, September Term, 2016

Issue – Public Safety – Did CSA err in holding that Extra-Duty Secondary Employment, as that term is used by the Maryland State Police, is not Secondary Employment within the meaning of Public Safety § 3-103(b)?

Md. Board of Physicians v. Geier - Case No. 11, September Term, 2016

Issues – Civil Procedure – 1) Did the trial court err in rejecting the defendants’ assertion of absolute quasi-judicial immunity and denying reconsideration of its default order on liability? 2) Did the trial court err in compelling the production of personal financial information in aid of punitive damages despite the defendants’ absolute quasi-judicial immunity? 3) Did the trial court err in granting the Respondents’ motion for sanctions based on the Petitioners’ refusal to produce materials protected by the deliberative process, executive, attorney-client, and attorney-work-product privileges and the mandatory nondisclosure requirement of Health Occupations § 14-410?

Mitchell v. Md. Motor Vehicle Administration - Case No. 10, September Term, 2016

Issues – Constitutional Law - 1) Did CSA err in concluding that personalized vanity plates are a non-public forum in which motorists who pay the fee to express their 7-character message may be censored despite expressing otherwise constitutionally protected private speech? 2) Did CSA err in choosing to censor a Spanish word based on the most offensive definition it could imagine, despite the existence of innocuous definitions of the term?

 

Granted April 25, 2016

Joseph Russell Gear v. State - Case No. 107, September Term, 2015

 

 

Denied April 25, 2016

Agosto, Pablo v. State - Pet. Docket No. 2 *
Bellamy, Reginald v. State - Pet. Docket No. 684
Benson, Jerrod Lamont v. State - Pet. Docket No. 553
Best v. Ward - Pet. Docket No. 665
Braxton, David v. State - Pet. Docket No. 495
Brice, Jovan Maurice v. State - Pet. Docket No. 605
Brumbley, Timothy Roland v. State - Pet. Docket No. 685
Calhoun, Barry Paul v. State - Pet. Docket No. 681
Carlin v. Leahy-Carlin - Pet. Docket No. 644
Castruccio v. Estate of Castruccio - Pet. Docket No. 675
Claridy v. Sheriff Dept. of Baltimore City - Pet. Docket No. 666
Cooper v. Arnold - Pet. Docket No. 606
Cumberland Insurance Group v. Delmarva Power - Pet. Docket No. 4 *
DeBlois, Richard v. State - Pet. Docket No. 678
Dennis, Charles v. State - Pet. Docket No. 630
Edokobi v. Pacific Preservation Services - Pet. Docket No. 14 *
Fullard, James A., Sr. v. State - Pet. Docket No. 10 *
Garrett v. Jones - Pet. Docket No. 611
Goodall, Daryl James v. State - Pet. Docket No. 526
Grade, Jaron Tyree v. State - Pet. Docket No. 668
Hanna, Don, Jr. v. State - Pet. Docket No. 642 and conditional cross-petition
Harrison v. Greene - Pet. Docket No. 12 *
Hearn v. Hinkle - Pet. Docket No. 73 *
In re: Adoption Guardianship Destiny C., Destin C., and Davon C. - Pet. Docket No. 11 *
Jackson, Brandon Corey v. State - Pet. Docket No. 24 *
Jacobson v. Driscoll - Pet. Docket No. 638
Jones v. Motor Vehicle Administration - Pet. Docket No. 645
Lee, Aaron A. v. State of Maryland - Pet. Docket No. 21 *
Levitas v. Jeffers - Pet. Docket No. 647
Lindsey, Shaun Donte v. State - Pet. Docket No. 654
Mayes, Herbert v. State - Pet. Docket No. 25 *
McLaughlin-Cox, John Wayne v. State - Pet. Docket No. 680
Mendoza, Daniel A. v. State - Pet. Docket No. 633
Negussie, Sentayehu v. State - Pet. Docket No. 7 *
Prather, Stephon v. State - Pet. Docket No. 637
Rushdan, Rushad Adib v. State - Pet. Docket No. 650
Sachs v. Highfield House Condo. - Pet. Docket No. 674
Sanders v. Realty Management Services - Pet. Docket No. 514
Sarris v. M&T Bank - Pet. Docket No. 634 and conditional cross-petition
Scott, Michael T. v. State - Pet. Docket No. 16 *
Security Wards v. SEC Square Holding, et al. - Pet. Docket No. 627 and cross-petition
Shipp, Terry Ann v. State - Pet. Docket No. 648
Smith, Donnell v. State - Pet. Docket No. 649
Smith, Nathanial v. State - Pet. Docket No. 609
Taylor, Wahkean Ali v. State - Pet. Docket No. 618
Tielleman, Robert Lester v. State - Pet. Docket No. 657
Toms v. JCS Communications - Pet. Docket No. 656
Tracy v. White - Pet. Docket No. 511
Turner, Alonzo Eugene v. State - Pet. Docket No. 667
Yao v. Supervisor of Assessments of Montgomery Co. - Pet. Docket No. 522

* September Term 2016