Petitions for Writ of Certiorari -- January 2012


September Term, 2011


Granted January 25, 2012

Alpha Graphic v. Patricia Thompson - Case No. 112, September Term, 2011


Denied January 23, 2012

Assateague Coastkeeper v. Dept. of Environment - Pet. Docket No. 389
Avalon Court v. Greenstein - Pet. Docket No. 429
Ayuso v. Gibson - Pet. Docket No. 418
Balsamo v. Carbaugh - Pet. Docket No. 422
DiMeglio, Joseph Julian v. State - Pet. Docket No. 432
Dinkins v. Grimes - Pet. Docket No. 417
Dukes v. Caves Valley Golf Course - Pet. Docket No. 428
Etlin v. Montomery Co. Office of Child Enforcement - Pet. Docket No. 430
Fisher, Ronald William v. State - Pet. Docket No. 426
Fuller v. Green - Pet. Docket No. 414
Gardner, Keya v. State - Pet. Docket No. 319
Goldman v. Koehler - Pet. Docket No. 404
Granger, David Daniel v. State - Pet. Docket No. 420
Higginbotham, Darrell Wayne v. State - Pet. Docket No. 409
Jackson v. Roach - Pet. Docket No. 416
Jackson, Clarence Columbus v. State - Pet. Docket No. 200
Johnson, April v. State - Pet. Docket No. 408
Khan v. Naizi - Pet. Docket No. 489
Khan v. Naizi - Pet. Docket No. 506
Kissi v. Schatzow - Pet. Docket No. 316
Kulkarni v. Kaiser - Pet. Docket No. 410
Maher v. Queen Anne's County - Pet. Docket No. 397
Maize, Leslie v. State - Pet. Docket No. 328
Markey v. Chesapeake Critical Area Commission - Pet. Docket No. 401
Markey v. Chesapeake Critical Area Commission - Pet. Docket No. 423
Mbewe, Frances v. State - Pet Docket No. 399
Mbewe, Frances and Delonte Jordan v. State - Pet. Docket No. 441
Nicolas, McKenzie Adley v. State - Pet. Docket No. 274
Palmer, Edward v. State - Pet. Docket No. 406
Parker v. Pasadena Receivables, Inc. - Pet. Docket No. 427
Pinnix v. Frederick Housing Authority - Pet. Docket No. 290
Rawlings v. City of Baltimore - Pet. Docket No. 256
Swift, Thomas Lee v. State - Pet. Docket No. 436
Tuzeer v. Yim, LLC - Pet. Docket No. 440
Walter v. Claggett - Pet. Docket No. 413
Washington v. Nichols - Pet. Docket No. 384
Wimbish, Daymar Lydell v. State - Pet. Docket No. 415

Granted January 20, 2012

O'Brien Atkinson, IV, et al. v. Anne Arundel County - Case No. 111, September Term, 2011 (Petition and Conditional Cross-Petition granted.)

Issues - Constitutional Law - (1) Was it unlawful to amend the A. A. Co. Charter through charter revision to provide for binding arbitration of labor disputes? (2) Is A.A. Co. Bill No. 4-11 unlawful as its terms failed to comply with Secs. 812(a) & 812(b) of the County Charter by deleting from Sec. 6-4-111 of the County Code the provisions that provide for binding arbitration of labor disputes? (3) Is Sec. 6-4-111 of the County Code as enacted by A.A. Co. Council Bill No. 1-03 repeated in its entirety as a matter of law as provided in Sec. 3 of A.A. Council Bill No. 4-11 because the charter provision requiring binding arbitration for certain employees, Sec. 812, violates Art. XI-A, Sec. 3 of the MD Constitution? (4) Did Chapter 651 of the 2010 Laws of MD retroactively “authorize” Sec. 812 of the A.A. Co. Charter & therefore render Sec. 812 constitutional?

Barbara Hastings, et al. v. PNC Bank, NA - Case No. 109, September Term, 2011

Issues - Estates & Trusts - (1) What kind of a release can a MD trustee lawfully demand or request from its beneficiaries upon distribution? (2) Whether Sec. 7-203(j) of the Tax-General Art. should have been applied to trust assets being distributed to remainder men so as to exempt income & gains they received from any inheritance tax?

Maryland State Comptroller of the Treasury v. Brian Wynne, et ux. - Case No. 107, September Term, 2011

Issue - Statutory Law - Whether the trial court correctly struck down Sec. 10-703(a) because it imposes “multiple taxation”Goldberg v. Sweet, 488 U.S. 252, 261 (1989) in violation of the dormant Commerce Clause of the U.S. Constitution?

Montgomery County v. Fraternal Order of Police Lodge 35 - Case No. 105, September Term, 2011

Issue - Public Safety - Does the express preemption provision of the Law Enforcement Officers’ Bill of Rights (LEOBR) preclude arbitration of FOP’s grievance regarding number of representatives it may have present during disciplinary interrogation of a police officer?

Camille L. Shepherd v. John S. Burson, et al., Substitute Trustee - Case No. 110, September Term, 2011

Issues - Constitutional Law - Did the lower court err in allowing appellants to proceed to foreclosure sale based upon a bogus & deceptive Notice of Intent to Foreclose? (2) Did the lower court violate the MD Constitution by improperly relying upon a court rule to supersede the mandatory requirement established by the MD Legislature?

State of Maryland v. Isaac Neger - Case No. 108, September Term, 2011

Issue - Criminal Law - Did the lower court incorrectly reverse Respondent’s conviction for counterfeiting based on its conclusion that the evidence was insufficient to show an intent to defraud another notwithstanding its agreement that Respondent recorded a deed he had altered as to the owners of the property in question to conform to his belief as to ownership?

Darnella Thomas, et vir. v. Jeffrey Nadel, et al. - Case No. 106, September Term, 2011

Issues - (1) Did the lower court err by denying appellants' exceptions to foreclosure because of serious questions of title to the note raised below & the consequent lack of standing of appellees? (2) What is the legal effect of the fact that following the alleged foreclosure sale & after this appeal was noted, appellants received letters indicating they were to continue to pay mortgage payments even after ratification of the foreclosure sale?

Denied January 10, 2012

Kenwood Construction Inc. v. 201 East Diamond Ave., LLC - Pet Docket No. 483