October 2021 Maryland Certiorari Grants

Today, the Maryland Court of Appeals granted certiorari in these five cases:

Nicholas Jabbar Williams v. State of Maryland – Case No. 37, September Term, 2021 (Reported CSA Opinion by Ripken, J.)

Issues – Criminal Law – 1) Did CSA err in finding the verdict was not impermissibly inconsistent?  2)  In what circumstances does the no-impeachment rule set forth in Maryland Rule 5-606(b) yield to a defendant’s constitutional rights and a jury’s true verdict?  3)  Did CSA err in holding there was sufficient evidence to convict Petitioner of second-degree murder and possession of a firearm by a person younger than twenty-one?

Anne Arundel County, Maryland v. 808 Bestgate Realty, LLC – Case No. 38, September Term, 2021 (Unreported CSA Opinion by Kenney, J.)

Issue – Local Codes – 1) Is CSA’s interpretation of § 17-11-207 of the Anne Arundel County Code in conflict with the County Charter and the County budget process as it relates to the funding of public improvements?

Karunaker Aleti, et ux. v. Metropolitan Baltimore, LLC and Gables Residential Services, Inc. – Case No. 39, September Term, 2021 (Reported CSA Opinion by Fader, C.J.)

Issues – Municipal Codes – 1) Does Article 13, § 5.4(a)(2) of the Baltimore City Code create an implied private right of action to recover a return of rent that a landlord was prohibited from collecting or retaining?  2)  Is the money had and received cause of action available to a tenant to recover a return of rent that a landlord was prohibited from collecting or retaining by operation of § 5.4(a)(2)?  3)  Is the breach of contract cause of action available to a tenant when a landlord agrees to abide by § 5.4(a)(2) and not accept, collect, or retain rent if the property is not licensed, but then collects, accepts, and retains rent in violation of § 5.4(a)2)?

Scott Wadsworth, et al. v. Poornima Sharma, et al. – Case No. 40, September Term, 2021 (Reported CSA Opinion by Salmon, J.)

Issue – Courts & Judicial Proceedings – 1)  Does Maryland’s Wrongful Death Statute, specifically, § 3-902(a) of the Courts & Judicial Proceedings Article, permit wrongful death beneficiaries to recover from a health care provider where the actions of  the heath care provider shortened the terminally ill decedent’s life?

Alexander Dejarnette v. State of Maryland – Case No. 41, September Term, 2021 (Reported CSA Opinion by Zarnoch, J.)

Issues – Courts & Judicial Proceedings – 1)  Where Petitioner challenged the admissibility of a breath test on the grounds that the police failed to sufficiently observe him for the requisite period preceding the test, does the failure to comply with the observation period go to the admissibility of the breath test results rather than their weight?  2)  Does the statutory and regulatory scheme necessitate excluding breath tests where the police fail to comply with the observation period?  3)  Do principles of evidentiary law – and overwhelming out-of-state authority – necessitate excluding breath tests where the police fail to comply with the observation period?  4)  Did CSA err in holding that the officers’ testimony supported a finding of compliance with the observation period?  5)  Did CSA err in holding that the argument – that the trial court failed to make any finding regarding compliance – was not preserved and also failed on the merits?

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