Circuit Court for Montgomery County
Case No. 129971C
IN THE COURT OF APPEALS
OF MARYLAND
No. 58
September Term, 2017
CORNELIUS JOHN MCIVER
v.
STATE OF MARYLAND
Greene
Adkins
McDonald
Watts
Hotten
Getty,
JJ.
ORDER
Filed: November 16, 2017
CORNELIUS JOHN MCIVER * In the
Petitioner * Court of Appeals
v. * of Maryland
STATE OF MARYLAND * No. 58
Respondent * September Term, 2017
* No. 129971C, Circuit Court
for Montgomery County
ORDER
WHEREAS, a supplemental petition for writ of certiorari having been filed by Petitioner
and granted by this Court with a writ of certiorari being issued on November 3, 2017; and
WHEREAS, Respondent was issued a citation for a speed camera infraction, which carries
a civil penalty not exceeding $40, pursuant to Sec. 21-809(c) of the Transportation Article; and as
a result of proceedings held in the District Court of Maryland, sitting in Montgomery County, the
charges against Respondent ended in a default judgment. Thereafter, Respondent noted an appeal
to the Circuit Court for Montgomery County; and
WHEREAS, the Circuit Court for Montgomery County did not assign the case to its civil
docket but instead assigned the case to its criminal docket and designated it criminal case no.
129917-C and set the matter for a pre-trial hearing; a hearing at which the Respondent failed to
appear. Thereafter, Respondent noted an appeal to the Court of Special Appeals; and
WHEREAS, the Court of Special Appeals transferred to this Court on August 7, 2017 the
above captioned appeal pursuant to Sec. 12-302(a) of the Courts & Judicial Proceedings Article,
and Md. Rule 8-132; and
WHEREAS, Sec. 4-401(13) of the Courts & Judicial Proceedings Article provides that the
District Court has exclusive civil jurisdiction in a proceeding for a civil infraction under Sec. 21-
809(c) of the Transportation Article; and
WHEREAS, Sec. 21-809(c)(2) of the Transportation Article provides, in part, that a driver
of a motor vehicle is subject to a civil penalty if a motor vehicle is recorded by a speed-monitoring
system while being operated in violation of the law, it is this 16th day of November, 2017,
ORDERED, by the Court of Appeals of Maryland, that this case be, and it is hereby,
remanded to the Circuit Court for Montgomery County for further civil proceedings with the
appropriate parties pursuant to Sec. 4-401 (13) of the Courts & Judicial Proceedings Article and
Sec. 21-809 of the Transportation Article; and it is further,
ORDERED, that this case be unsealed and the record in this case be corrected by
designating it as a civil, rather than a criminal, proceeding nunc pro tunc.
/s/ Clayton Greene, Jr.
Senior Judge
*Chief Judge Barbera did not participate in the consideration of this matter.