Maryland Courts

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December 2017 Schedule
Date Docket # Title
12-05-2017 No. 27 Melissa Rodriguez et al. v. Larry Cooper et al.

Issues – Torts – 1) Did the trial court err in applying the cap on non-economic damages under Courts & Judicial Proceedings Art. § 11-108? 2) Did the trial court err in failing to enter judgment against the State?
12-05-2017 No. 28 State of Maryland v. Neiswanger Management Services LLC et al.

Issues – Health – 1) Did the trial court err in holding that, although Health-Gen. § 19-345.3 authorizes a court to grant “injunctive relief” to remedy violations of the discharge-related provisions of the Patient’s Bill of Rights, the statute does not authorize “broad injunctive relief” barring “company practices” that violate those provisions? 2) Did the trial court err in holding that, although Health-Gen.§ 19-344 confers responsibility on the Attorney General for “enforcement” of certain of its provisions, it does not authorize the Attorney General to seek, or a court to grant, a judicial injunction enforcing those provisions?
12-05-2017 No. 43 Precision Small Engines, Inc. et al. v. City of College Park et al.

Issue – Land Use – Did CSA err in declaring that the memorandum of understanding between the City of College Park and the county restricts the authority of the city to issue non-residential building and occupation permits?
12-04-2017 Misc. No. 4 Amber Ben-Davies v. Blibaum & Associates, P.A.; Bryione K. Moore v. Blibaum & Associates, P.A.

Certified Question from the United States District Court for the District of Maryland Question - Is the legal rate of post-judgment interest on a judgment awarded in a breach of contract action where the underlying contract is a residential lease ten percent (10%) as stated in Md. Cts. & Jud. Proc. § 11-107(a) or is it six percent (6%) as stated in Md. Cts. & Jud. Proc § 11-107(b), which states that it is applicable to "a money judgment for rent of residential premises," where the judgment in the breach of contract action does not specifically delineate what portion, if any, of the judgment was awarded for unpaid rent?'
12-04-2017 No. 39 Patricia Lamalfa v. Janis Hearn et al.

Issues – Torts – 1) Were Defense Exhibits 2-5 inadmissible hearsay due to the failure of authentication as a condition precedent to the business records exception to the hearsay rule? 2) Did the trial court err by admitting medical records pursuant to Md. Rule 5-703 without an appropriate foundation for establishing the truthfulness of the records?
12-04-2017 No. 26 Victoria Seaborne-Worsley v. Jeffrey Mintiens

Issues – Torts – 1) In an automobile collision case, can the negligence of a permissive driver be imputed to a sole-owner passenger who is seeking recovery for injuries caused by a negligent third-party driver? 2) Was the non-party driver’s negligent parking a proximate cause of the accident?
12-01-2017 AG No. 113 (2016 T.) In the Matter of the Petition for Reinstatement for Vaughn Miles Mungin to the Bar of Maryland

12-01-2017 No. 22 State of Maryland v. Casey O. Johnson

Issue – Criminal Law – Did CSA properly conclude that the police lacked probable cause to search the trunk of respondent’s car based on drug evidence found on the person of her front-seat passenger?
12-01-2017 No. 41 June Diane Duffy, as Personal Representative of the Estate of James F. Piper v. CBS Corporation, f/k/a Viacom, Inc., f/k/a Westinghouse Electric Corp.

Issues – Torts – 1) Did CSA err in holding that the term “arising” used in § 2 of the original statute of repose actually means “accruing” in contravention of this Court’s holding in John Crane, Inc. v. Scribner? 2) Did CSA err in holding that Respondent had a constitutional vested right to repose prior to the effective date of the 1991 amendment to the statute which explicitly exempted manufacturers of asbestos-containing products from the scope of repose? 3) As applied, does CSA’s decision violate Petitioner’s constitutional right to access the courts?
11-30-2017 Bar Admissions

 
11-30-2017 No. 40 Kyle Blackstone et al. v. Dinesh Sharma et al.; Terrance Shanahan et al. v. Seyed Marvastian et al.

Issues – Corporations & Associations – 1) Is a mortgage foreclosure action, which is a purely in rem proceeding against the subject real property, a “consumer claim” for “money owed” under the Maryland Collection Agency Licensing Act (“MCALA”)? 2) Is filing a mortgage foreclosure action, which by statute is not “doing business in this State,” nevertheless “doing business as a collection agency in this State” under MCALA? 3) Is the CSA’s ruling in Finch v. LVNV Funding, LLC, 212 Md.App. 748 (2013) – i.e., that a judgment in favor of an unlicensed debt collection agency is void as opposed to voidable – applicable to mortgage foreclosure judgments?
11-30-2017 No. 45 Laura O'Sullivan et al. Substitute Trustees v. Jeffrey Altenburg et al.

Issues – Corporations & Associations – 1) Can the trial court dismiss a foreclosure because a foreign statutory trust lacks a collection agency license under the Maryland Collection Agency Licensing Act (“MCALA”), despite established Md. authority holding that entities, such as a trustee of the trust and its substitute trustees, may enforce a promissory note indorsed in blank in their possession, regardless of who owns the debt or the foreign statutory trust’s legal status? 2) Does pursuing a foreclosure constitute “doing business as a collection agency” in Md. under MCALA? 3) Is a foreclosure action a “consumer claim” to collect “money owed” under MCALA? 4) Does a foreign statutory trust that owns mortgage assets fall under MCALA’s “trust company” exemption?
11-30-2017 No. 47 Martin S. Goldberg et al. Substitute Trustees v. Martha Lynn Neviaser et al.

Issues – Corporations & Associations – 1) Can the trial court dismiss a foreclosure because a foreign statutory trust lacks a collection agency license under the Maryland Collection Agency Licensing Act (“MCALA”), despite established Md. authority holding that entities, such as a trustee of the trust and its substitute trustees, may enforce a promissory note indorsed in blank in their possession, regardless of who owns the debt or the foreign statutory trust’s legal status? 2) Does pursuing a foreclosure constitute “doing business as a collection agency” in Md. under MCALA? 3) Is a foreclosure action a “consumer claim” to collect “money owed” under MCALA? 4) Does a foreign statutory trust that owns mortgage assets fall under MCALA’s “trust company” exemption?
November 2017 Schedule
Date Docket # Title
11-07-2017 AG No. 54 (2016 T.) Attorney Grievance Commission of Maryland v. John Alexander Giannetti, Jr.

11-07-2017 No. 20 The Bank of New York Mellon, Trustee et al. v. Heinz Otto Georg et al.

Issues – Civil Procedure – 1) Does judicial estoppel require a showing of an intention to mislead the court apart from a demonstration that the party “has succeeded in persuading a court to accept that party’s earlier position, so that a judicial acceptance of an inconsistent position in a later proceeding would create ‘the perception that either the first or the second court was misled[.]’” New Hampshire v. Maine, 532 U.S. 742, 750-51 (2001)? 2) Is a ruling that a party lacked standing to assert its claims, but subject to the caveat that if the court was found to be wrong with regard to standing, the party failed to prove its case on the merits, a contingent ruling on the merits and thus not a final judgment for purposes of res judicata and collateral estoppel, or are the ruling on standing and the ruling on the merits alternative rulings, each entitled to preclusive effect?
11-06-2017 Misc No. 2 In the Matter of the Application of Maso Toussaint Hamilton for Admission to the Bar of Maryland

11-06-2017 Misc. No. 16 In the Matter of the Application of Mark Andrew Overall for Admission to the Bar of Maryland

11-06-2017 Misc. No. 17 In the Matter of the Application of Solon Phillips for Admission to the Bar of Maryland

11-06-2017 AG No. 75 (2016 T.) Attorney Grievance Commission of Maryland v. Mariatu Kargbo

11-03-2017 No. 17 Barrington Dean Watts v. State of Maryland

Issues – Criminal Law – 1) Are intent to frighten and battery merely varieties of a single crime under Md’s assault statute or are they separate crimes, thus requiring individualized jury unanimity? 2) Is Petitioner’s claim of error unpreserved where Petitioner did not ask for the unanimity instruction he now claims was mandatory?
11-03-2017 No. 23 William A. Dabbs, Jr., et al. v. Anne Arundel County

Issues – County Government – 1) Did the lower courts err in determining that “…the rough proportionality test [or the rational nexus test] has no application to development impact fees. . .where monetary exactions are imposed,” in contravention of Howard County v. JJM, 301 Md. 256 (1984)? 2) Did the lower courts err in permitting the retroactive application of legislation and not finding a taking under Article III, section 40 of the Maryland Constitution?
11-02-2017 No. 25 Harold Eugene Williams v. State of Maryland

Issues – Criminal Law – 1) Is a conviction that is more than fifteen years old irrelevant as a matter of law to a character witness’s opinion about a defendant? 2) Were questions revealing Petitioner’s prior conviction, which occurred at least a decade before any of his character witnesses had met him, irrelevant to their opinions as to his reputation for peacefulness? 3) Were questions revealing Petitioner’s prior conviction substantially more prejudicial than they were probative of the witnesses’ opinions as to his reputation for peacefulness?
11-02-2017 No. 21 In the Matter of the Albert G. Aaron Living Trust

Issue – Estates & Trusts – Did the trial court err in entering an order approving restatement of the living trust in which the court approved the Trustees’ restatement of the trust with respect to the survival of the Aaron Family Foundation?
October 2017 Schedule
Date Docket # Title
10-11-2017 No. 9 Jerry Harris v. State of Maryland

Issues – Criminal Law – 1) Did the trial court abuse its discretion by issuing a missing witness instruction concerning Petitioner’s mother, without conducting any inquiry or making any findings as to whether they had a relationship that would have rendered her peculiarly available to the defense? 2) Is a mother/son relationship, without more, sufficient to establish that the mother is peculiarly available to the son for purposes of the missing witness rule? 3) Did CSA err in finding that the trial court committed harmless error when it allowed a detective to testify that Petitioner had invoked his right to an attorney during a police interview?
10-11-2017 No. 18 Waterman Family Limited Partnership et al. v. Kathleen B. Boomer et al.

Issues – Local Government – 1) May county commissioners rescind an express approval in accordance with Local Government Article (“LG”) § 4-416 to place newly annexed land in a zoning classification that allows a land use or density different from the land use or density specified in the zoning classification of the county or agency with planning and zoning jurisdiction over the land prior to its annexation? 2) May county commissioners rescind an express approval in accordance with LG § 4-416 allowing development of annexed land for land uses substantially different than the authorized use, or at a substantially higher density, not exceeding 50%, than could be granted for the proposed development, in accordance with the zoning classification of the county applicable at the time of the annexation?
10-11-2017 No. 16 James H. Ellis et al. v. Olin L.McKenzie et al.

Issues – Environmental Law – 1) Does the Dormant Mineral Interests Act (“DMIA”) violate Article 24 of the Md. Declaration of Rights and Article III, § of the Md. Constitution by retrospectively taking a vested property interest from a mineral owner and transferring it to a surface owner without compensation? 2) Is a notice of intent to preserve a severed mineral interest effective if recorded by the personal representative of a deceased owner’s estate while an action to terminate the interest is pending against the decedent’s descendants but not against the personal representative?
10-10-2017 No. 15 Maryland Office of People's Counsel et al. v. Maryland Public Service Commission et al.

Issues – Public Utilities – 1) Did the Public Service Commission make an error of law by failing to conclude that the premium that PHI’s shareholders received as a result of its acquisition by Exelon Corp. violated § 6-105 of the Public Utilities Article and the regulatory compact governing the obligations and rights of monopolistic utilities in that it harmed customers and was inconsistent with the public interest? 2) Does the Commission’s unexplained conclusion that allegations of harm to the distributed generation and renewable energy markets resulting from Exelon’s acquisition of PHI were “speculation” render the Commission’s decision to approve the acquisition arbitrary and capricious?
10-10-2017 No. 14 Rudy Ismael Manchame-Guerra v. State of Maryland

Issues – Criminal Procedure – 1) Did this Court’s decision in Peterson v. State, 444 Md. 105 (2015), alter the threshold a factual proffer must satisfy to permit questioning of a witness’s subjective expectation of a benefit under Md. Rule 5-616(a)(4)? 2) Did the trial court err in prohibiting defense counsel from questioning the State’s main witness about whether he subjectively expected a benefit in exchange for his statements and testimony in this case?
10-10-2017 No. 13 Lillian C. Blentlinger, LLC William L. Blentlinger, LLC v. Cleanwater Linganore, Inc. et al.

Issues – 1) Did CSA err by holding that a Development Rights and Responsibilities Agreement (“DRRA”), in order to be valid, must include “enhanced public benefits” to the local governing body? 2) Did CSA err by holding that Petitioners’ proffer of a school site did not constitute adequate consideration for the DRRA?
10-10-2017 AG Nos. 26 & 74 (2016 T.) Attorney Grievance Commission of Maryland v. Edward Smith, Jr.

10-06-2017 AG No. 3 (2016 T.) Attorney Grievance Commission of Maryland v. Vernon Charles Donnelly

10-06-2017 No. 8 Young Electrical Contractors, Inc. v. Dustin Construction, Inc.

Issues – Contract Law – 1) Did CSA err in holding that a “flow down” provision in the subcontract between the prime contractor and a subcontractor created a right for the subcontractor to sue the Owner? 2) Did CSA err in holding that the denial of Petitioner’s claim was a Final Decision to trigger the dispute resolution process in the general contract? 3) Did CSA err in not considering Respondent’s alleged breach of the subcontract by preventing the contractor from pursuing its claims through the Prime Contract, the Prevention Doctrine? 4) Did CSA err in relying upon a “pay-when-paid” provision in the subcontract that Respondent did not raise in its Motion for Summary Judgment and that neither party raised in argument before the trial court? 5) Did CSA err in upholding the trial court’s summary judgment prior to any discovery and factual determination regarding the cause of the delays to the project?
10-06-2017 No. 11 Curtis Maurice Lopez v. State of Maryland et al.

Issue – Criminal Procedure – Is a music video/slide show depicting the lives of the victims a permissible form of victim impact evidence, and does its admission violate a criminal defendant’s rights under the Eighth and Fourteenth Amendments to the United States Constitution?
10-05-2017 Bar Admissions

10-05-2017 No. 19 State of Maryland v. Leonard Lee Simms

Issues – Criminal Procedure – 1) Does the State have the authority to enter a nolle prosequi on a charge after a conviction? 2) If the State does have the authority to do so, was Respondent’s appeal moot because the State entered a nolle prosequi in the circuit court as to the entire case, without objection?
10-05-2017 No. 12 Shelia Davis et al. v. Frostburg Facility Operations, LLC d/b/a Frostburg Village

Issues – Torts – 1) Did CSA err in holding that Petitioner was required to file in the Md. Healthcare Alternative Dispute Resolution Office so that office could make the initial determination of whether Petitioner’s injuries were the result of ordinary negligence or medical negligence? 2) Did CSA err in holding that Petitioners’ complaint was not sufficient on its face to survive the granting of a motion to dismiss on the remaining counts?
10-05-2017 No. 10 Isa Manuel Santiago v. State of Maryland

Issues- Criminal Law – 1) Did CSA err in holding that the trial court properly admitted testimony from the State’s cellular communication expert when the expert admitted his opinion was based on a critical assumption the factual underpinning of which was not established and a report that was destroyed before trial? 2) Did CSA err in holding that the trial court properly admitted evidence of Petitioner’s silence during an investigation by his automobile insurer that was related to and concurrent with the police investigation in this case?
September 2017 Schedule
Date Docket # Title
09-12-2017 AG No. 38 (2016 T.) Attorney Grievance Commission of Maryland v. Maurice Marnea Moody

09-12-2017 Misc. No. 1 Quanta Brownlee et al. v. Liberty Mutual Fire Insurance Co. et al.

Certified Question from the United States District Court for the District of Maryland

Question - Would application of Georgia's interpretation of the pollution exclusion contained in the insurance policy issued by Liberty Mutual Insurance Company to the Salvation Army as excluding coverage for bodily nijuries resulting form the ingestion of lead-based paint violate Maryland public policy?
09-12-2017 No. 6

Martaz Johnson v. State of Maryland

Issues – Criminal Law – 1) Does CSA’s opinion in Gross v. State, 229 Md.App. 24 (2016), holding that expert testimony is not necessary for the admission of GPS-derived location evidence, conflict with this Court’s opinion in State v. Payne, 440 Md. 680 (2014)? 2) As applied in this case, did the trial court err under Payne in permitting a State’s witness to read a cell phone’s GPS location record to the jury and permitting that witness to interpret those records, when the witness admitted that he did not understand how the technology worked or how it produced the record at issue? 3) Was this question properly preserved for appellate review?

09-11-2017 AG No. 47 (2016 T.) Attorney Grievance Commission of Maryland v. Louisa Content McLaughlin

09-11-2017 No. 7 Monarch Academy Baltimore Campus, Inc. et al. v. Baltimore City Board of School Commissioners

Issues – Administrative Law – 1) Is a trial court’s issuance of an indefinite stay of plaintiffs’ action, requiring “administrative review of the parties’ dispute,” an appealable order where it imposes a condition that (a) is beyond the control of the plaintiffs to satisfy and (b) requires that plaintiffs undertake actions that even if satisfied would substantively impair plaintiffs’ substantive and procedural rights? 2) Did the trial court err in determining that the State Board of Education has “primary jurisdiction” over the Charter School Operators’ contract actions and, as a consequence, staying the proceedings “pending administrative review of the parties’ dispute by the State Board of Education?” 3) If Question (2) is answered in the negative, then what process is available to plaintiffs both at the State Board and then in court that would permit their claims to be fully heard and adjudicated, with relief granted, and that would not deprive Petitioners of their substantive rights?
09-07-2017 AG No. 14 (2016 T.) Attorney Grievance Commission of Maryland v. Lance Butler, III

09-07-2017 No. 5 In re: J. J. and T. S.

Issues – Family Law – 1) Under Criminal Procedure § 11-304, Maryland’s tender years statute, in a CINA case, where a child victim does not testify and the court declines to examine the child in chambers, must the court find that the child is competent before admitting her audiotaped ex parte statement into evidence at an adjudication hearing for the truth of the matter asserted therein? 2) Did the facts in this case establish that the child victim was competent, where the child did not testify in court and the court did not examine the child because it found that the audio recording of the child’s statement made an examination of the child unnecessary, although the audio recording contained no indication that the child was aware of the difference between the truth and a lie, and the child previously had fabricated an allegation of sexual abuse? 3) Did J.J.’s hearsay statement have particularized guarantees of trustworthiness to be allowed into evidence?
09-07-2017 No. 4 John W. Green, III v. State of Maryland

Issues – Criminal Procedure – 1) Does Md. Rule 4-263(d)(7)(B), which requires the State to disclose “[a]ll relevant material or information regarding…pretrial identification of the defendant by a State’s witness,” require the State to disclose all relevant material or information regarding pretrial identification of a co-defendant by a State’s witness? 2) Where Petitioner and co-defendant were both present at the scene of the crime and the eyewitness identification of the co-defendant as the non-shooter implicated Petitioner as the person who shot and killed the victim, did CSA err in holding that information regarding the identification of co-defendant did not fall within the scope of “relevant material or information regarding…pretrial identification of the defendant by a State’s witness,” under Rule 4-263(d)(7)(B)?
09-06-2017 Bar Admissions  
09-06-2017 AG No. 15 (2016 T.) Attorney Grievance Commission of Maryland v. Benjamin Jeremy Woolery

09-06-2017 No. 3 University of Maryland Medical System Corporation et al. v. Brandon Kerrigan, a minor et al.

Issues – Civil Procedure – 1) Did CSA substitute its judgment and fail to defer to the wide discretion owed to the trial court’s reasoning in support of transfer? 2) Did CSA fail to review this case on its individual merits by placing too much reliance upon Scott v. Hawit, 211 Md.App. 620 (2013), a decision with different facts? 3) Did CSA err by holding that the residence of foreign plaintiffs should not factor into the convenience of the parties analysis under Md. Rule 2-327(c)?
09-06-2017 No. 1 Jamal Sizer v. State of Maryland

Issues – Criminal Law – 1) Where the police make an illegal stop of a person, discover a valid, pre-existing arrest warrant, and seize evidence from the person during a search incident to arrest, must the admissibility of that evidence be determined based on an application of the “attenuation factors,” as held in Utah v. Strieff, 136 S.Ct. 2056 (2016), Cox v. State, 397 Md. 200 (2007), and Myers v. State, 395 Md. 261 (2006), or may a court, as CSA did in this case, reject the attenuation doctrine and find that such evidence will always be admissible because the arrest warrant constitutes an “independent source”? 2) Did the hearing judge correctly rule that the discovery of a valid pre-existing arrest warrant did not attenuate the connection between the illegal stop of Petitioner and the evidence seized from him shortly thereafter? 3) Where a person is under no obligation to interact with the police, does flight to avoid that interaction, by itself, justify a Terry stop; and if so, does it still justify the stop where there is evidence that flight was provoked by the threatening or startling actions of the police officers? 4) Did the hearing judge correctly rule that police violated Petitioner’s Fourth Amendment rights where the only observation officers made regarding Petitioner before tackling him was that he immediately ran upon noticing the six bicycle-riding police officers riding towards him?
09-06-2017 No. 2

In re: C. E.

Issues – Family Law – 1) Did the trial court err in holding that the waiver of reasonable efforts pursuant to Courts & Judicial Proceedings § 3-812 was constitutional and appropriate? 2) Did CSA err in holding that the ruling was not a final order and not appealable where the issue was not raised in any brief or argument?