October 2020 Maryland Certiorari Grants
The Court of Appeals granted certiorari in these six cases today:
Larry S. Chavis, et al. v. Blibaum and Associates, P.A.; Bryione K. Moore, et al. v. Peak Management LLC – Case No. 30, September Term, 2020 (Reported CSA Opinion, by Judge Berger)
Issues – Commercial Law – 1) Does using a wage garnishment to collect excess post-judgment interest and post-judgment filing fees constitute a violation of the Maryland Consumer Debt Collection Act, Md. Code §14-202(8) of the Commercial Law Article? 2) Does a trial court abuse its discretion by denying a motion for class certification, without conducting a hearing, when the undisputed evidence presented to the Court established that the identity of every class member can be established from the Respondent’s records?
Neal Lawrence, IV v. State of Maryland – Case No. 32, September Term, 2020 (Unreported CSA Opinion, by Judge Battaglia)
Issue – Criminal Law – Is wearing, carrying, or transporting a handgun on or about one’s person a strict liability crime?
Keith Merryman and Fraternal Order of Police, Lodge 146 v. University of Baltimore – Case No. 33, September Term, 2020 (Reported CSA Opinion, by Judge Kehoe)
Issues – Administrative Law – 1) Does the Office of Administrative Hearings have jurisdiction when the parties have contractually agreed to submit grievances regarding the interpretation of their collective bargaining agreement to the Office for adjudication? 2) Did CSA err in finding that because the remedy would involve awarding additional leave hours, the grievance constituted a complaint pertaining to the “general level of fringe benefits” prohibited by Md. Code §13-201(c) of the Education Article?
State of Maryland v. Anthony George Ablonczy – Case No. 28, September Term, 2020 (Unreported Per Curiam CSA Opinion)
Issue – Criminal Procedure – Should accepting a jury as ultimately empaneled waive any prior objection to the trial court’s refusal to propound voir dire questions?
State of Maryland v. Roberto Carlos Arias-Rivera – Case No. 31, September Term, 2020 (Reported CSA Opinion, by Judge Nazarian)
Issues – Criminal Procedure – 1) Is a 2009 sentence for sexual crimes against an eleven-year-old child that was imposed without a term of extended parole supervision legal? 2) If it is illegal, on resentencing, may the circuit court impose a mandatory term of extended parole supervision up to the remainder of Respondent’s life without it resulting in an illegal increase in Respondent’s sentence?
State of Maryland v. Valerie Rovin – Case No. 29, September Term, 2020 (Unreported CSA Opinion, by Judge Sharer)
Issues – Courts & Judicial Proceedings – 1) Do common law absolute judicial and prosecutorial immunity and statutory immunity under the Maryland Tort Claims Act bar tort claims against prosecutors and law enforcement officers arising from an arrest based on the State’s Attorney’s and District Court Commissioner’s legal determination of probable cause? 2) Can law enforcement officers be civilly liable in tort when they sought an arrest warrant on the advice of the State’s Attorney and made an arrest with a warrant based on a judicial officer’s determination that the arrestee’s alleged conduct amounted to a crime, when that determination was later held to be legally erroneous?