PETITIONS FOR WRIT OF CERTIORARI
September Term, 2017
Granted March 6, 2018
Baltimore City Detention Center v. Michael Foy - Case No. 3, September Term, 2018
Issue – Correctional Services – Where, due to an equipment malfunction, a correctional officer’s penalty-increase meeting with the appointing authority was not contemporaneously recorded, did CSA err in concluding that the recording failure was incurable, even though the Department otherwise complied with all of the statutory procedures for terminating a correctional officer for misconduct?
Frederick County, Maryland v. Maryland Department of the Environment - Case No. 7, September Term, 2018
Issues – Environmental Law – 1) Has MDE exceeded its authority by imposing conditions in the Permit that exceed the “maximum extent practicable” standard mandated by the Clean Water Act? 2) Has MDE acted unlawfully by imposing requirements in the Permit that are impossible to achieve within the five-year permit term? 3) Does MDE’s permit action unlawfully hold the County responsible for unregulated nonpoint source runoff and for stormwater discharges by independent third parties that never enter into or discharge from the County’s Municipal Separate Storm Sewer System (“MS4”)? 4) Has MDE improperly subjected the County to overly stringent requirements in the Permit by classifying the County’s system as “Medium” rather than as “Small” and subjecting it to the same requirements as “Large” systems? 5) Has MDE acted arbitrarily and capriciously by refusing to allow the County to fulfill a portion of its Permit obligations using water quality trading as a compliance method?
Philip Paul Ingram, Jr. v. State of Maryland - Case No. 4, September Term, 2018
Issues – Criminal Law – 1) Does § 7-104 of the Criminal Law Article provide independent authority for a court to order restitution in a theft case or, alternatively, is a court’s authority to order restitution constrained by the restitution provisions in Title 11 of the Criminal Procedure Article? 2) Where a defendant is convicted of theft, may a sentencing court order the defendant to make restitution when neither the victim nor the State has requested restitution?
Maryland Department of the Environment v. County Commissioners of Carroll County, Maryland - Case No. 5, September Term, 2018
Issues – Environmental Law – 1) Does MDE’s permit action unlawfully hold the County responsible for unregulated nonpoint source runoff and for stormwater discharges by independent third parties that never enter into or discharge from the County’s Municipal Separate Storm Sewer System (“MS4”)? 2) Has MDE unlawfully subjected the County to overly stringent requirements in the Permit by classifying the County’s system as “Medium” rather than as “Small” and by subjecting it to the same requirements as “Large” systems? 3) Has MDE acted arbitrarily and capriciously by refusing to allow the County to fulfill its Permit obligations in part by using water quality trading as a compliance method? 4) Has MDE violated state law by incorporating and amending Md. Code Ann., Land Use § 1-406 through the Permit?
Wilfredo Rosales v. State of Maryland - Case No. 6, September Term, 2018
Issue – Criminal Law – Were the complainants prior convictions for committing violent crimes in aid of racketeering activity admissible for the purposes of impeachment under Md. Rules 5-609?
State of Maryland v. Steven Young - Case No. 2, September Term, 2018
Issues – Criminal Law – 1) Did CSA err in determining that Respondent preserved a claim that the trial court erred in excluding written prescriptions for controlled dangerous substances where the record does not contain a copy of the written prescriptions or any proffer or any information that could support a finding that they were authentic? 2) If preserved, did the trial court properly exercise its discretion in excluding the prescriptions because there was not sufficient evidence that they were authentic? 3) Did CSA err in determining that prescriptions offered to show that controlled dangerous substances were obtained “by prescription or order from an authorized provider acting in the course of professional practice” did not constitute hearsay on the basis that they were not offered “to prove the truth of the matter asserted”?
Denied March 23, 2018
Alexakis v. Sup'v of Assessments, Anne Arundel Co. - Pet. Docket No. 432
Artis, Reginald S. v. State - Pet. Docket No. 446
Boston, Jatwon Derrick v. State - Pet. Docket No. 468
Brown, James v. State - Pet. Docket No. 482
Browner v. Progressive Direct Ins. - Pet. Docket No. 448
Cartwright, Lundes Anthony v. State - Pet. Docket No. 494
Chavis v. Wittstadt - Pet. Docket No. 457
Cleary v. Workers' Compensation Commission - Pet. Docket No. 459
Clemens, Nicholas James v. State - Pet. Docket No. 452
Colbert, Lamont Eugene v. State - Pet. Docket No. 424
Connally, Ky'shir v. State - Pet. Docket No. 414
Davenport v. MCIC, Inc. - Pet. Docket No. 439
Dietrich, Thomas Andrew v. State - Pet. Docket No. 458
Dread v. Md. State Police - Pet. Docket No. 473
Dupreez v. GMAC, Inc. - Pet. Docket No. 461
Garceau v. Md. Real Estate Commission - Pet. Docket No. 412
Goode, Christopher v. State - Pet. Docket No. 472
Goodwin, Patrick A. v. State - Pet. Docket No. 466
Halle Development v. Anne Arundel Co. - Pet. Docket No. 444
Handy, Mark v. State - Pet. Docket No. 483
Henderson, Larry v. State - Pet. Docket No. 491
Houston v. Bynum Woods Care - Pet. Docket No. 374
In re: Adoption/Guardianship of J.M. - Pet. Docket No. 477
Jefferson, James v. State - Pet. Docket No. 463
Jeter, Ronald Hayes, Jr. v. State - Pet. Docket No. 456
Jones, Troy v. State - Pet. Docket No. 474
King v. King - Pet. Docket No. 15 *
King v. Md. Department of Health - Pet. Docket No. 469
Kitchen, Tremaine L. v. State - Pet. Docket No. 479
Krepps v. Chassels - Pet. Docket No. 440
Martin v. Martin - Pet. Docket No. 434
McKenzie-John v. John - Pet. Docket No. 471
Miles v. Brother International Corp. - Pet. Docket No. 366
Mills v. Howard Co. State's Attorney's Office - Pet. Docket No. 470
Morales-Caceres, Mauricio v. State - Pet. Docket No. 451
Muse-Ariyoh v. Bd. of Education, Prince George's Co. - Pet. Docket No. 467
Owens, Kemo v. State - Pet. Docket No. 490
Ross, Carl J. v. State - Pet. Docket No. 449
Sampson, Robert Neil v. State - Pet. Docket No. 453
Shipkovitz v. City of Rockville Planning Comm'n - Pet. Docket No. 433
Stevenson, Shawn v. State - Pet. Docket No. 496
Trusty v. Ward - Pet. Docket No. 447
Williams v. Baltimore Co. Gov't Personnel & Salary Advisement Bd. - Pet. Docket No. 438
Wilson v. Wilson - Pet. Docket No. 435
Wright, Troy Anthony, Jr. v. State - Pet. Docket No. 349
* September Term, 2018