Petitions for Writ of Certiorari - September, 2023


September Term, 2023



Granted September 22, 2023

State of Maryland v. Steven Anthony Thomas – Case No. 15, September Term, 2023 (and conditional cross-petition)

Issues – Criminal Procedure – 1) Does Maryland Rule 4-345(e), which states that a court “may not revise the sentence after the expiration of five years from the date the sentence originally was imposed,” mean that a court may not revise a sentence under Rule 4-345(e) after the five-year period expires? 2) Where a defendant timely files a motion to modify under Maryland Rule 4-345(e) and repeatedly requests a hearing on the motion, is the trial court required to exercise its discretion within five years, i.e. either deny the motion without a hearing or hold a hearing to determine whether to grant the motion, or does the rule permit the court to let the five years lapse without exercising discretion?

Adventist Healthcare v. Steven S. Behram – Case No. 16, September Term, 2023 (and cross-petition)

Issues – Health Occupations – 1) Did the ACM err by relying on extrinsic evidence in its interpretation of the fully integrated Settlement Agreement without determining whether the Agreement is ambiguous or considering the effect of its integration clause in contravention of settled Maryland law? 2) Did the ACM err by failing to apply standard principles of contract interpretation, by interpreting a Settlement Agreement that expressly releases claims related to three specific events, as unambiguously releasing claims related to other events, and thereby exclude extrinsic evidence that showed that the parties did not intend to release claims related to those other events?

Doctor's Weight Loss Centers, Inc., et al. v. Shelly Blackston – Case No. 17, September Term, 2023

Issue – Torts – Did ACM utilize the correct standard for determining when a cause of action manifested itself to determine the correct choice of law using the lex loci delicti rule?

Bethesda African Cemetery Coalition, et al. v. Housing Opportunities Commission of Montgomery County – Case No. 18, September Term, 2023

Issues – Business Regulations – 1) Did the ACM err in holding that §5-505 of the Business Relations Article of the Md. Code is nothing more than a “quiet title” statute, providing land owners with an optional proceeding that they may choose to institute when selling land containing a burial ground if they wish to convey a “clean” title to the realty? 2) Under Maryland law, does a court of equity need to assess whether (and if so, on what conditions) a property owner can sell land containing a burial ground for non-burial use in view of the 1829 decision of the United States Supreme Court in Beatty v. Kurtz, which (applying Maryland law) charged courts of chancery operating pursuant to their equity powers “to preserve the repose of the ashes of the dead and the religious sensibilities of the living,” as well as subsequent decisions by this Court and other courts?



Denied September 22, 2023

Akhawanjam v. Toyota Motor Credit Corp. - Pet. Docket No. 108
Autoflex, Inc. v. MacDonald - Pet. Docket No. 145
Blankumsee, Azaniah v. State - Pet. Docket No. 159
Cty. Comm’rs, Caroline Cty. v. Wood Farm - Pet. Docket No. 130
Davis, Ronald v. State - Pet. Docket No. 137
Hinz, Andrew L. v. State - Pet. Docket No. 101
Hunter v. Woody - Pet. Docket No. 103
In re: G.M. and S.M. - Pet. Docket No. 158
In the Matter of Nolan - Pet. Docket No. 141
Joseph, John v. State - Pet. Docket No. 163
Kittle v. Steifel - Pet. Docket No. 104
Larcomb, Dwight Douglas v. State - Pet. Docket No. 144
Lomax v. Hillshire Development Corp. - Pet. Docket No. 123
Martin, Levonte Jamar v. State - Pet. Docket No. 148
Mustafa, Kamal v. State - Pet. Docket No. 143
Nwosu v. Stine-Rotz - Pet. Docket No. 156
Nyblade v. Santo - Pet. Docket No. 147
Sage Coves v. Trotter-Moss - Pet. Docket No. 134
Sanchez v. Elosh - Pet. Docket No. 129
Sewell v. Howard - Pet. Docket No. 135
Singh v. Ward - Pet. Docket No. 142
Smallwood, Elmer H., Jr. v. State - Pet. Docket No. 153
Tyler, Daquan L. v. State - Pet. Docket No. 138
Upson Giese v. Wallace - Pet. Docket No. 136
Warren, Morris J. v. State - Pet. Docket No. 133
Whitaker v. Jones - Pet. Docket No. 139
Witherspoon, Edward v. State - Pet. Docket No. 160
Witherspoon, Edward v. State - Pet. Docket No. 161
Witherspoon, Edward v. State - Pet. Docket No. 162
Witkus v. Slouck - Pet. Docket No. 102
Woods, Dwight, Jr. v. State - Pet. Docket No. 132


Denied September 22, 2023

Pope v. Pope - Pet. Docket No. 146