Petitions for Writ of Certiorari --December 2005

GRANTED PETITIONS FOR WRIT OF CERTIORARI

September Term, 2005

 

Granted December 19, 2005

Ajay Garg v. Deepa Garg - Case No. 97, September Term 2005.

ISSUE - FAMILY LAW - IN A CHILD CUSTODY MATTER MUST A CIRCUIT COURT APPOINT AN ATTORNEY FOR THE CHILD BEFORE RESOLVING THE JURISDICTIONAL ISSUE?

Logan Hamilton Swift v. State of Maryland - Case No. 98, September Term 2005.

ISSUE - CRIMINAL LAW - DID THE POLICE PROPERLY STOP A PERSON WALKING ALONG A PUBLIC STREET AT 3:00 A.M.?

Todd Lin Chow v. State of Maryland - Case No. 99, September Term 2005.

ISSUE - CRIMINAL LAW - IS A TEMPORARY TRANSFER OR LOAN OF A FIREARIM A TRANSFER OF A FIREARM UNDER ARTICLE 27, SEC. 442 OF THE MD. CODE?

State of Maryland v. James Ramiah Logan - Case No. 100, September Term 2005.

ISSUE - CRIMINAL LAW - DID THE TRIAL JUDGE FAIL TO FULLY QUESTION POTENTIAL JURORS ABOUT THE CRIMINAL RESPONSIBILITY DEFENSE AND PRETRIAL PUBLICITY?

Mayor and City Council of Baltimore v. Suzanne Whalen - Case No. 101, September Term 2005.

ISSUE - MUNICIPALITIES - IS THE CITY LIABLE FOR AN ALLEGED DEFECT IN A PUBLIC PARK WHERE THE DEFECT IS NEAR A PUBLIC SIDEWALK?

Michael Jerome Bryant v. State of Maryland - Case No. 102, September Term 2005.

ISSUE - EVIDENCE - ARE AN INMATE'S STATEMENTS TO A NURSE ABOUT HIS MENTAL HEALTH OR EMOTIONAL STATE ADMISSIBLE AT TRIAL?

State of Maryland v. Charles Phillip Williams - Case No. 103, September Term 2005.

ISSUE - CRIMINAL LAW - WAS THE DEFENDANT'S GUILT AS AN ACCOMPLICE TO AN ATTEMPTED ARMED-ROBBERY INCONSISTENT WITH HIS ACQUITTAL OF WEARING, CARRYING AND TRANSPORTING A HANDGUN?

The Charles County Commissioners, The Office of the Sheriff of Charles County, Maryland and the State of Maryland v. Anne Marie Johnson, et al. - Case No. 104, September Term 2005.

ISSUE - TRANSPORTATION - WERE TRANSPORTATION ARTICLE SECTIONS 19-101 AND 102 OF THE MD. CODE IMPLICATED BY THE FACTUAL ALLEGATIONS OF THE COMPLAINT?

Donald Marcell Rivers, Sr. v. State of Maryland - Case No. 105, September Term 2005.

ISSUE - CRIMINAL LAW - WAS THE EVIDENCE SUFFICIENT TO CONVICT THE DEFENDANT OF DISTRIBUTING A NON-CONTROLLED SUBSTANCE UNDER CRIMINAL LAW ARTICLE SEC. 5-618?

Kelly Lynn Cruz v. State of Maryland - Case No. 443, September Term, 2005.

ISSUE - CRIMINAL LAW - DOES THE CRIME OF RECKLESS ENDANGERMENT OF A PERSON COVER ENDANGERMENT OF A FETUS?

 

Granted December 8, 2005

In Re:  Maria P. - Case No. 89, September Term 2005.

ISSUE - JUVENILE LAW - MAY A PARENT BE EXCLUDED FROM A CINA PROCEEDING DURING THE CHILD'S TESTIMONY?

Lavale Associates, d/b/a Country Club Mall v. Supervisor of Assessments of Allegany County - Case No. 90, September Term 2005.

ISSUE - ADMINISTRATIVE LAW - IS THE MARYLAND TAX COURT REQUIRED TO ISSUE FINDINGS OF FACT AND CONCLUSIONS OF LAW IN A WRITTEN DECISION?

Regina Kilmon v. State of Maryland - Case No. 91, September Term 2005.

ISSUE - CRIMINAL LAW - DOES THE CRIME OF RECKLESS ENDANGERMENT OF A PERSON COVER ENDANGERMENT OF A FETUS?

In Re:  Karl H. and Anthony H. - Case No. 92, September Term 2005.

ISSUE - JUVENILE LAW - ARE PERMANENCY PLAN ORDERS PROVIDING FOR REUNIFICATION AND ADOPTION OF THE CHILDREN APPEALABLE?

State Farm Automobile Insurance Company v. Richard Dehaan - Case No. 93, September Term 2005.

ISSUE - INSURANCE - IS THE INSURED ENTITLED TO UNDERINSURED MOTORIST BENEFITS FOR INJURIES RESULTING FROM A GUNSHOT WOUND?

SDC, 214, LLC. v. London Town Property Owners Association, Inc., et al. - Case No. 94, September Term 2005.

ISSUE - REAL PROPERTY - DOES A RESTRICTIVE COVENANT ALLOWING ONLY FOR EDUCATIONAL FACILITIES ON THE PROPERTY "IN CONJUNCTION WITH THE BOARD OF EDUCATION" REQUIRE THE BOARD TO PLAY A ROLE IN THE DEVELOPMENT OF THE FACILITIES?

Kalilah Romika Steven v. State of Maryland - Case No. 95, September Term 2005.

ISSUE - CRIMINAL LAW - DOES THE MITIGATION DEFENSE OF HOT-BLOODED RESPONSE TO ADEQUATE PROVOCATION APPLY TO THE CRIME OF FIRST DEGREE ASSAULT?

David Louis Toth v. State of Maryland - Case No. 96, September Term 2005.

ISSUE - TRAFFIC OFFENSES - MAY A CIRCUIT COURT JUDGE INCREASE A PRESET TRAFFIC OFFENSE FINE?