February 2019 Maryland Certiorari Grants

Today’s cert grants will bring a wide variety of issues before the Court of Appeals, including: the method for obtaining appellate review of an incarceration sentence in light of the Justice Reinvestment Act of 2016; the authority of the Workers’ Compensation Commission to revise an incorrectly-calculated award; and whether statutory relocation benefits should be extended to tenants vacating government-owned property.

Board of County Commissioners of Washington County, Maryland v. Perennial Solar, LLC – Case No. 66, September Term, 2018

(Reported CSA Opinion by Reed, J.)

Public Utilities – Is local zoning authority preempted by state law with respect to the approval and location of Solar Energy Generating Systems such as the one at issue in this case?

Tomekia Conaway v. State of Maryland – Case No. 69, September Term, 2018

(CSA Per Curiam Order denying Application for Leave to Appeal)

Criminal Procedure – In light of the language of the Justice Reinvestment Act (Md. Code, Crim. Proc. Art. §§ 6-223(e)(4) & 6-224(c)(2)(iv)), may a defendant obtain appellate review of a finding or decision imposing incarceration for a technical violation of probation by filing a notice of appeal, or is an application for leave to appeal required?

Peter Gang v. Montgomery County, Maryland – Case No. 67, September Term, 2018

(Reported CSA Opinion by Shaw Geter, J.)

Worker’s Compensation – 1) Does the language in Md. Code, Labor & Employment § 9-736(b) allow a revision of an Order within five years where both parties agree on the record that the prior order was a mistake regarding the prescribed rate of pay for a “public safety employee” and where this Court in Electrical General Corp. v. Labonte, 454 Md. 113 (2017), expressly held that the Commission has continuing powers and jurisdiction to modify prior findings or Orders?

State of Maryland v. Andrew Brown – Case No. 65, September Term, 2018

(Unreported CSA Opinion by Shaw Geter, J.)

Criminal Procedure – 1) Does an announced sentence that is anomalous in context qualify as an “evident mistake” that is subject to correction under Maryland Rule 4-345(c)? 2) Can statements regarding the defendant’s aggregate sentence, serve under Maryland Rule 4-345(c), to “correct” a mistake in the announcement of a sentence on an individual count?

State of Maryland v. Mark Edmund Christian, II – Case No. 68, September Term, 2018

(Unreported CSA Opinion by Meredith, J.)

1) Did the post-conviction court and CSA err when each court declined to order a hearing to resolve serious and wide-spread concerns about the integrity of the transcripts in this case and in other criminal trials presided over by this trial court judge? 2) Did the post-conviction court err when it failed to consider whether Respondent was prejudiced by his counsel’s failure to object to instructions that told the jurors that the court’s instructions were “binding” and that they “must apply” the law as the court explained and also told the jurors that they were the “judges of the law,” and did CSA err when it concluded that the instructions resulted in “structural error” and that, consequently, Respondent had satisfied his burden to show that but for counsel’s failure to object to the instructions, there was a substantial possibility that the outcome of his trial would have been different?

Joseph Stracke, et al. v. Estate of Kerry Butler, Jr., et al. – Case No. 64, September Term, 2018

(Unreported CSA Opinion by Reed, J.)

Courts & Judicial Proceedings – 1) Does willful or gross negligence by an omission defeat the immunity from liability granted to fire and rescue personnel by the Maryland Fire and Rescue Company Act, Md. Code, Courts & Judicial Proceedings § 5-604, or is the immunity lost only by a willful or grossly negligent affirmative act? 2) Did CSA err in finding sufficient evidence that Petitioners committed gross negligence that caused the death of a patient, when undisputed evidence established that Petitioners assessed the patient, including taking vital signs, and within seven minutes transported the patient to the hospital, where his condition suddenly worsened? 3) Does § 5-604 afford Petitioners, as employees of a fire department, limited immunity against claims for simple negligence?

Wireless One, Inc. v. Mayor and City Council of Baltimore, et al. – Case No. 70, September Term, 2018

(Reported CSA Opinion by Meredith, J.)

Real Property – 1) Under Real Property Article § 12-201(e)(1)(i)(2), is a person who leaves a publicly funded facility as a result of demolition or rehabilitation excluded from relocation benefits if it leased after the unit of government acquired title to the real property? 2) Has Petitioner stated a claim for an unconstitutional taking?