June 2014 Maryland Certiorari Grants

The Court of Appeals website is listing four June 18, 2014 certiorari grants. The cases, listed after the jump, include authentication of Facebook posts at trial.

Anne Arundel County, Maryland, et al. v. Harwood Civic Association, Inc., et al. – Case No. 39, September Term, 2014

Issues – Zoning and Planning – 1) Whether the prima facie aggrievement standard established in Bryniarski v. Montgomery Cnty. Bd. of Appeals, 247 Md. 137 (1967), should be expanded beyond challenges to administrative land use decisions to include challenges to legislative comprehensive zoning enactments? 2) Whether the “almost prima facie” standard as established in Ray v. Mayor of Balt., 430 Md. 74 (2013), should be expanded beyond challenges to administrative land use decisions to include challenges to legislative comprehensive zoning enactments? 3) Whether CSA properly applied the “legal boundaries” standard of review to the legislative actions of the County Council? 4) Whether CSA erred in imposing the “consistency” requirement of § 1-417(b) of the Land Use Article? 5) Whether the considerations established as relevant to special aggrievement in Ray v. Mayor of Balt. apply equally to cases in which a private citizen challenges the validity of legislatively enacted comprehensive zoning? 6) Whether Land Use Article § 1-417 (enacted in 2012) required that comprehensive zoning enacted by Anne Arundel County in 2011 be consistent with the Anne Arundel County General Development Plan? 7) Whether the title to Chapter 674, Laws of Maryland 2013 retroactively required comprehensive zoning enacted by Anne Arundel County in 2011 to be consistent with the Anne Arundel County General Development Plan? 8) Whether Md. Code Ann., Art. 66B § 1.04(f) required comprehensive zoning enacted by Anne Arundel County in 201 to be consistent with the Anne Arundel County General Development Plan? 9) Because one element of unlawful spot zoning requires zoning that is inconsistent with the comprehensive zoning plan, can a local legislative body unlawfully spot-zone a particular property when adopting legislation that enacts into law a new comprehensive zoning plan, when all zoning included in the legislation is part of that plan?

Terance Garner v. State of Maryland – Case No. 41, September Term, 2014

Issues – Criminal Law – 1) Are separate consecutive sentences for use of a handgun in the commission of a crime of violence prohibited when a single handgun is used in committing two crimes against a single victim in one transaction?  2) Where CSA correctly determined that the trial court imposed an illegal sentence, but failed to correct that illegal sentence, should this Court correct the illegal nature of the sentence?

Aaron Harrison-Solomon v. State of Maryland – Case No. 40, September Term, 2014

Issue – Criminal Law – Where Petitioner was committed to the Department of Health & Mental Hygiene pursuant to a finding that he was not criminally responsible, was subsequently conditionally released, and did not violate any of the conditions of his release, did the circuit court have jurisdiction, after the expiration of the order of conditional release (OCR), to grant a motion to “extend” the OCR filed five days prior to its expiration?

Albert Sublet IV v. State of Maryland – Case No. 42, September Term, 2014

Issues – Criminal Law – 1) Did the lower courts err in excluding crucial Facebook evidence on authentication grounds where the suspected author of the Facebook posts testified at trial, admitted discussing the fight on Facebook, and recognized this specific Facebook conversation, and where the posts contained numerous distinctive characteristics demonstrating authenticity? 2) In excluding Facebook evidence on authenticity grounds, did the lower courts err by applying an incorrect legal standard? 3) In assessing the Facebook evidence, did the lower courts err by not applying a correct and complete authentication analysis?

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