February 2024 Maryland Certiorari Grants

On Friday, the Supreme Court of Maryland granted review in one criminal case and two civil cases.

Christopher Mooney v. State of Maryland – Case No. 32, September Term, 2023 (Unreported ACM Opinion by Judge James Eyler)

Issue – Criminal Law – Did ACM lower the requirements for authentication of video evidence through the “pictorial testimony theory” where a witness is permitted to authenticate video evidence even when the witness did not see the entirety of the events depicted in it?

SM Landover, LLC v. Wynton Sanders; SM Parkside, LLC v. Tosha Lindsey – Case No. 1, September Term, 2024 (Unreported ACM Opinion by Judge Shaw)

Issues – Real Property – 1) When does a cause of action accrue under the Disclosure Act, Md. Code, Real Prop. Art. (“RP”) § 14-117(a)(3)(i), for failing to include in the initial contract of sale statutory disclosures relating to deferred water and sewer charges? 2) Is a person who is a “home builder” under Md. Code, Business Regulations Art. (“BR”) §4.5-101 relieved of their duty to register as a “home builder” when a different registered home builder is a party to the same contract? 3) Can the unregistered home builder, acting as the seller, of a new home enforce the sales contract against the purchaser where another party, here the builder of the home, who is a registered home builder is also a party to the sale contract?

Caruso Builder Belle Oak, LLC v. Ronalda Sullivan – Case No. 2, September Term, 2024 (Unreported ACM Opinion by Judge Zic)

Issue – Real Property – When does a cause of action accrue under the Disclosure Act, Md. Code, Real Prop. Art. § 14-117(a)(3)(i), for failing to include in the initial contract of sale statutory disclosures relating to deferred water and sewer charges?