Petitions for Writ of Certiorari -- October 2003

GRANTED PETITIONS FOR WRIT OF CERTIORARI

September Term, 2003

 

Granted October 9, 2003

Finucan v. Board of Physicians - Case No. 71, September Term 2003.

ISSUE - PHYSICIANS - DOES A PHYSICIAN WHO ENGAGES IN A SEXUAL RELATIONSHIP WITH A PATIENT CONCURRENT WITH THE PHYSICIAN-PATIENT RELATIONSHIP COMMIT IMMORAL OR UNPROFESSIONAL CONDUCT IN THE PRACTICE OF MEDICINE?

Harrison, Gerard v. State - Case No. 70, September Term 2003.

ISSUE - CRIMINAL LAW - IS AN ATTEMPT TO KILL THE NAMED VICTIM A FACTUAL AND LEGAL PREREQUISITE TO A CONVICTION OF ATTEMPTED MURDER EVEN WHERE THE THEORY IS ONE OF "CONCURRENT INTENT"?

MVA v. Jones - Case No. 75, September Term 2003.

ISSUE - ADMINISTRATIVE LAW - IN ORDER TO SUSPEND THE LICENSE OF A SUSPECTED DRUNK DRIVER, MUST THE MVA NOT ONLY PROVE THAT THE DRIVER REFUSED TO TAKE A CHEMICAL TEST BUT THAT THE TEST WAS OFFERED WITHIN TWO HOURS OF BEING APPREHENDED?

St. Joseph Medical v. Cardiac - Case No. 64, September Term 2003.

ISSUE - HOSPITALS - WERE DOCUMENTS KEPT BY A HOSPITAL SUBJECT TO DISCLOSURE AS AN EXCEPTION TO THE MEDICAL REVIEW COMMITTEE PRIVELEGE UNDER THE MARYLAND CODE?

Wilson v. Simms - Case No. 72, September Term 2003.

ISSUE - CIVIL PROCEDURE - WAS A PETITION FOR A WRIT OF MANDAMUS CHALLENGING AN ADMINISTRATIVE LAW JUDGE'S DECISION PROPERLY FILED IN THE CIRCUIT COURT?

 

Granted October 14, 2003

Amelito v. Ganderco - Case No. 73, September Term 2003.

Butler v. State - Case No. 74, September Term 2003.

 

Granted October 17, 2003

Bryan v. Makosky - Case No. 76, September Term 2003.

ISSUE - COUNTIES - WHEN DO COUNTY PLANNING COMMISSION APPOINTMENTS EXPIRE UNDER THE TALBOT COUNTY CHARTER?

Baltimore County v. RTKL Associates, et al - Case No. 77, September Term 2003.

ISSUE - CONTRACTS - DOES THE ONE-YEAR STATUTE OF LIMITATIONS APPLICABLE TO PRIVATE PARTIES WHEN THEY SUE A CHARTERED COUNTY APPLY TO A CHARTERED COUNTY WHEN IT IS THE PLAINTIFF IN A BREACH OF CONTRACT SUIT?

 

Granted October 27, 2003

Raina Cook, et al v. Deborah Grierson - Case No. 79, September Term 2003.

ISSUE - ESTATES - CAN THE GRANDCHILD OF A DECEDENT INHERIT FROM THE DECEDENT UNDER THE ITESTACY LAWS WHERE THE CHILD'S FATHER WHO IS THE DECEDENT'S SON COULD NOT INHERIT UNDER HE SLAYER'S RULE?

Eric Horridge v. St. Mary's County Department of Social Services, et al - Case No. 80, September Term 2003.

ISSUE - TORTS - DOES A DEPARTMENT OF SOCIAL SERVICES HAVE A DUTY TO PROTECT A CHILD FROM PHYCIAL ABUSE WHEN IT IS ON NOTICE OF THE ABUSE?