April 2015 Maryland Certiorari Grants

The Court of Appeals just posted nine certiorari grants, dated April 17, 2015. They appear after the jump.

Baltimore County, Maryland v. Baltimore County Fraternal Order of Police, Lodge No. 4 – Case No. 25, September Term, 2015

Issue – County Government – Whether public policy, as clearly delineated in the Baltimore County Charter, the Baltimore County Code, controlling Maryland case law, and the separation of powers doctrine, provides an exception to the enforcement of the arbitration award in this case?

In re: Adoption/Guardianship of Dustin R. – Case No. 24, September Term, 2015

Issues – Family Law – 1) Does an alleged scrivener’s error in the form of an order and docket entry render the order invalid and require dismissal of an appeal, even if it might deprive an extraordinarily medically fragile youth of life-sustaining relief? 2) Did the juvenile court exceed its authority under the guardianship law by ordering DHMH to enter into a plan to obtain the same life-sustaining care for a youth aging out of the system that he has received for the last ten years? 3) Is a juvenile court order requiring a State agency to develop and approve a plan to obtain ongoing life-sustaining care for a ward of the court, entered pursuant to express provisions of the guardianship statute, unconstitutional under the separation-of-powers doctrine?

Gail B. Litz v. Maryalnd Department of the Envirionment, et al. – Case No. 23, September Term, 2015

Issues – Torts – 1) Whether an inverse condemnation claim is covered by the Maryland Tort Claims Act and the Local Government Tort Claims Act? 2) Whether a trespass claim is covered by the Local Government Tort Claims Act? 3) Whether CSA exceeded the scope of this Court’s remand order when it considered an issue expressly disavowed by Respondents? 4) Whether CSA erred when it held that Petitioner failed to state a cause of action for inverse condemnation against Respondents?

Felicia Lockett v. Blue Ocean Bristol, LLC – Case No. 29, September Term, 2015

Issues – Real Property – 1) Did the trial court err in relying on the landlord’s claim of certain non-rent charges due and owing to conclude that the tenant was not current on her rent and thus not eligible for relief on her claim for retaliatory eviction in violation of RP § 8-208.1? 2) Did the trial court err or abuse its discretion by failing to award attorneys’ fees to a tenant who prevailed on a retaliation defense and counterclaim pursuant to the fee-shifting provision in RP § 8-208.1 without articulating any reasoning for denying fees?

Raxa Patel v. Safeco Insurance Company – Case No. 31, September Term, 2015

Issue – Insurance – For a waiver of uninsured/underinsured motorist coverage to be valid, does the cost of the coverage being waived and the cost of the coverage being purchased have to be included in the waiver in order for the waiver to comply with the term “cost” in § 19-510 of the Insurance Article?

Moran Perry v. Asphalt & Concrete Services, Inc. – Case No. 27, September Term, 2015

Issue – Civil Procedure – Did the trial court commit an abuse of discretion by admitting the evidence of insurance?

Mashea Louise Ray-Simmons a/k/a Tayana Simmons and Antoinette McGouldrick v. State of Maryland – Case No. 28, September Term, 2015

Issue – Criminal Law – When there is an allegation of racial and gender discrimination in the exercise of a peremptory challenge, does a prosecutor’s response that she intended to replace the stricken African-American male juror with another African-American male satisfy the requirement of Batson v. Kentucky, that the State a) provide a specific explanation for each challenged strike, which is b) racially and, with respect to gender, neutral?

Andrew David Toms v. Calvary Assembly of God, Inc., et al. – Case No. 26, September Term, 2015

Issue – Torts – Does the doctrine of strict liability for an abnormally dangerous activity apply to the noise of a fireworks discharge, based on the facts of this case?

Sam Yonga v. State of Maryland – Case No. 30, September Term, 2015

Issues – Criminal Procedure – 1) Does the statutory writ of actual innocence under MD Code Ann. Courts & Judicial Proceedings § 8-301 apply to guilty plea cases? 2) If so, is it clear error and/or an abuse of discretion for a trial court to deny a request for a new trial where the alleged victim and the only witness described in the statement of facts both testified that the alleged events never happened when the trial judge heard testimony at a hearing under §8-301?

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