Petitions for Writ of Certiorari -- April 2004

GRANTED PETITIONS FOR WRIT OF CERTIORARI

September Term, 2003

 

Granted April 8, 2004

William L. DeSantis, Jr. v. State of Maryland - Case No. 141, September Term 2003.

ISSUE - MAY THE STATE DELIVER CUSTODY OF PROPERTY SEIZED IN CONNECTION WITH SUSPECTED CRIMINAL ACTIVITY TO THE FEDERAL GOVERNMENT WITHOUT FIRST OBTAINING A STATE TURN-OVER ORDER?

Matthew Thomas Fitzgerald v. State of Maryland - Case No. 8, September Term 2004.

ISSUE - CRIMINAL LAW - DOES THE USE OF A DRUG DETECTING DOG OUTSIDE OF AN APARTMENT TO SNIFF AT THE BASE OF AN EXTERIOR DOOR CONSTITUTE A SEARCH WITHIN THE MEANING OF THE FOURTH AMENDMENT OF THE U.S. CONSTITUTION AND ART. 26 OF THE MD. DECLARATION OF RIGHTS?

In Re:  Ariel G. - Case No. 9, September Term 2004.

ISSUE - JUVENILE LAW - MAY A JUVENILE COURT COMPEL THE PARENT OF A CHILD IN NEED OF ASSISTANCE TO REVEAL THE WHEREABOUTS OF THE CHILD WHEN THE CHILD IS MISSING?

State of Maryland v. Chris Nieves - Case No. 10, September Term 2004.

ISSUE - CRIMINAL LAW - WAS THE STRIP SEARCH OF THE DEFENDANT BY THE POLICE UNREASONABLE UNDER THE FOURTH AMENDMENT?

Montgomery County Board of Education v. Horace Mann Insurance Company and cross petition - Case No. 11, September Term 2004.

ISSUE - TORTS - IS A COUNTY BOARD REQUIRED TO PROIVIDE AN ATTORNEY TO DEFEND AN EMPLOYEE IN A SUIT FOR DAMAGES ALLEGING SEXUAL ABUSE OF A STUDENT ONCE THE BOARD OF DETERMINES THE EMPLOYEE WAS ACTING OUTSIDE THE SCOPE OF EMPLOYMENT?

Consumer Protection Division v. Paris G. George - Case No. 12, September Term 2004.

ISSUE - CONSUMER PROTECTION - MAY THE CONSUMER PROTECTION DIVISION REQUIRE A PERSON TO POST A BOND IN ORDER TO PREVENT FUTURE HARM TO CONSUMERS?

Converge Services Group, LLC d/b/a/ Suredeposit v. J. Joseph Curran, Jr. et al - Case No. 13, September Term 2004.

ISSUE - ADMINISTRATIVE LAW - DOES THE CONSUMER PROTECTION DIVISION HAVE PRELIMINARY JURISDICTION OVER A COMPLAINT FOR DECLARATORY JUDGMENT INVOLVING AN INTERPRETATION OF THE MARYLAND SECURITY DEPOIST LAW?

 

Granted April 22, 2004

Benjamin Adam Sifrit v. State of Maryland - Case No. 142, Sept. Term 2004.

ISSUE - CRIMINAL LAW - MAY TWO PERSONS CHARGED WITH TOGETHER COMMITTING THE SAME CRIMES BE CONVICTED ON THE BASIS OF INCONSISTENT FACTUAL THEORIES AT SEPARATE TRIALS?

Heery International, Inc. , et al v. Montgomery County, Maryland, et al - Case No. 15, Sept. Term 2004.

ISSUE - ADMINISTRATIVE LAW - IS THE COURT'S CLAIM AGAINST A CONTRACTOR SUBJECT TO AN ADMINISTRATIVE DISPUTE RESOLUTION PROCESS IN THE ABSENCE OF SPECIFIC AUTHORITY FOR SUCH PROCESS IN THE COUNTY CODE AND COUNTY PROCUREMENT REGULATIONS?