Maryland Court of Appeals Decisions 2011
Date: December 22, 2011
Docket Number: 20/10
Justia Opinion Summary: Petitioner Rodney Moore was convicted of illegal possession of a regulated firearm and sentenced to five years' imprisonment without possibility of parole. The court of special appeals affirmed. The Court of Appeals…
Date: December 21, 2011
Docket Number: 54/10
Justia Opinion Summary: Petitioner Olusegun Ogundipe was charged with multiple crimes stemming from his involvement in an incident in which one man was killed, one man was seriously injured, and one man was assaulted. Following a jury trial in…
Date: December 20, 2011
Docket Number: 17/11
Justia Opinion Summary: On February 22, 2007, a prostitute alleged that she had sexual intercourse with Petitioner, an officer with the Baltimore Police Department (BDP). On June 26, 2008, the BDP administratively charged Petitioner with six…
Date: December 20, 2011
Docket Number: 7/11
Justia Opinion Summary: Petitioner, the Maryland insurance commissioner, issued a cease-and-desist order to Respondents, several premium finance companies that provided loans primarily to customers of the Maryland Automobile Insurance Fund,…
Date: December 20, 2011
Docket Number: 8/11
Justia Opinion Summary: Petitioners defaulted on their refinanced home mortgage because of financial hardships. Faced with foreclosure, Petitioners initiated a request to enjoin the foreclosure action filed by Respondents. Respondents, the…
Date: December 19, 2011
Docket Number: 4/11
Justia Opinion Summary: After Hospital declined to renew the privileges of Physician due to repeated complaints about Physician, Physician sued for damages. Hospital claimed immunity under the Health Care Quality Improvement Act (HCQIA). The…
Date: December 15, 2011
Docket Number: 14/11
Justia Opinion Summary: After Leon Coleman failed to perform eight construction contracts for detached homes, he was convicted of eight counts of theft by deception and eight counts of failure to escrow under Deposits on New Homes Subtitle…
Date: December 15, 2011
Docket Number: 16/11
Justia Opinion Summary: Roy Allen died in 2005. After a drawn-out legal struggle, the orphans' court approved an account of his estate in 2009. Before the personal representative (Appellee) would make the distribution under that account, she…
Date: December 14, 2011
Docket Number: 63/09
Justia Opinion Summary: Catherine and Edward Johnson created an inter vivos trust, which named Catherine a trustee. After Edward died, Catherine's stepson, James Johnson, a beneficiary of the trust, filed a petition in the circuit court…
Date: December 6, 2011
Docket Number: 9/10
Justia Opinion Summary: Employee filed a complaint against Employer, claiming (1) racial and sex discrimination after Employer required her to undergo an independent medical examination for a gynecological condition, and (2) retaliatory…
Date: November 29, 2011
Docket Number: 1/11
Justia Opinion Summary: The Board of Physicians sanctioned Petitioner, a medical doctor, upon finding that Petitioner violated several subsections of Md. Code Ann. Health Occ. 14-404 when he falsely indicated on an application for renewal of…
Date: November 29, 2011
Docket Number: 10/11
Justia Opinion Summary: Petitioner Gary Smith was convicted at a jury trial of depraved heart second-degree murder and use of a handgun in the commission of a felony. The principle issue at trial was whether the decedent was murdered or…
Date: November 29, 2011
Docket Number: 6/11
Justia Opinion Summary: Petitioner Gerald Titus was convicted by a jury of obstructing and hindering a police officer in the performance of his duty, driving under the influence of alcohol per se, driving while impaired by alcohol, and giving a…
Date: November 29, 2011
Docket Number: 98/09
Justia Opinion Summary: Defendant Mario Gutierrez was charged with first-degree murder, first-degree assault, and use of a handgun in the commission of a crime of violence following the shooting death of the victim. At trial, witnesses…
Date: November 22, 2011
Docket Number: 2/11
Justia Opinion Summary: Petitioner was convicted by a jury of third-degree sexual assault and second-degree sexual assault. The victim was not referred for a sexual assault forensics exam. Before closing arguments, the trial judge gave a…
Date: November 3, 2011
Docket Number: 105/10
Justia Opinion Summary: Petitioner Erik Stoddard was convicted by a jury of child abuse resulting in the death of a child and manslaughter. The Court of Appeals affirmed, holding (1) the trial court erred by placing an impermissible restriction…
Date: October 31, 2011
Docket Number: 123/10
Justia Opinion Summary: These two consolidated appeals involved two lawsuits, a derivative claim and a direct shareholder action, both arising from a series of stock transactions in two family corporations owned primarily by eight siblings.…
Date: October 31, 2011
Docket Number: 133/10
Justia Opinion Summary: Petitioner Mary Thomas slipped and fell on black ice that occurred in the premises of her apartment complex. Thomas filed a negligence action against the owner of the apartment complex and the apartment management…
Date: October 28, 2011
Docket Number: 76/10
Justia Opinion Summary: Respondent Jeffrey Allen was twice tried and convicted on charges related to the robbery and murder of John Butler. Respondent was retried after the Court of Appeals affirmed the holding of the court of special appeals…
Date: October 28, 2011
Docket Number: 9/11
Justia Opinion Summary: The Maryland Real Estate Commission revoked the real estate licenses of Joel Pautsch pursuant to Md. Code Ann. Bus. Occ. & Prof. 17-322(b)(24)(i) based on Pautsch's convictions for child abuse. The circuit court affirmed…
Date: October 27, 2011
Docket Number: 106/10
Justia Opinion Summary: A jury convicted Petitioner Terry Stevenson of conspiracy to commit attempted armed robbery and reckless endangerment. The court of special appeals affirmed the conspiracy conviction and reversed Petitioner's conviction…
Date: October 27, 2011
Docket Number: 120/10
Justia Opinion Summary: Employee received two knee injuries while working as a firefighter for Employer. Employee filed claims with the Worker's Compensation Commission, requesting disability compensation for the loss of income stemming from…
Date: October 27, 2011
Docket Number: 124/10
Justia Opinion Summary: Petitioner Kenneth Barnes pleaded guilty to third-degree sexual offense involving a minor under the age of fifteen. Following his conviction, Barnes was directed to register as a sexual offender. Barnes was later…
Date: October 27, 2011
Docket Number: 130/10
Justia Opinion Summary: While making a delivery during the course of his employment, Appellant George Pool walked through a stream of running water that flowed across a parking lot. As a result, Appellant slipped and fell on black ice and…
Date: October 27, 2011
Docket Number: 137/10
Justia Opinion Summary: Petitioner Shawn Johnson was convicted of robbery, conspiracy to commit armed robbery, and related offenses. At trial, the State admitted two inoperable cell phones allegedly used by Petitioner's cousin, who was a…
Date: October 27, 2011
Docket Number: 146/10
Justia Opinion Summary: This appeal presented the Court of Appeals with its first opportunity to interpret Md. Code Ann. Crim. P. 8-301, which provided for petitions for writs of actual innocence based on newly discovered evidence. The two…
Date: October 27, 2011
Docket Number: 32/10
Justia Opinion Summary: Petitioner Matthew Tracy was incarcerated when he wrote a letter to a potential witness in a criminal case against Petitioner's half brother. After the woman who received the letter turned it over to the State's county…
Date: October 27, 2011
Docket Number: 3m/10
Justia Opinion Summary: Katherine Lewis filed a medical malpractice suit against her former psychiatrist, Dr. Jeremy Waletzky, for injuries she allegedly sustained as a result of medications he prescribed to her. Lewis did not comply with…
Date: October 27, 2011
Docket Number: 69/10
Justia Opinion Summary: During Petitioner Darryl Harrod's first trial for possession with intent to distribute cocaine, a chemist called by the state testified and was subjected to cross-examination. A mistrial was subsequently declared. At the…
Date: October 25, 2011
Docket Number: 103/10
Justia Opinion Summary: After a jury trial, Petitioner James Sweetney was convicted of robbery and related offenses, including use of a handgun in the commission of a crime of violence. At issue on appeal was whether Petitioner's constitutional…
Date: October 25, 2011
Docket Number: 113/10
Justia Opinion Summary: After a jury trial, Petitioner Khiry Montay was convicted of first-degree felony murder and related offenses, including use of a handgun in the commission of a crime of violence. The court of special appeals affirmed.…
Date: October 25, 2011
Docket Number: 12/11
Justia Opinion Summary: Petitioner Megan Cathey was a developmentally disabled adult who, pursuant to a court order, lived with her mother in New Jersey for two weeks a month and with her father in Maryland for the remaining two weeks.…
Date: October 25, 2011
Docket Number: 136/10
Justia Opinion Summary: A jury convicted Petitioner Antajuan Wilson of first-degree murder and related offenses, including use of a handgun in the commission of a crime of violence. Petitioner appealed, arguing that he was entitled to a new…
Date: October 25, 2011
Docket Number: 140/10
Justia Opinion Summary: Petitioner, trustee of two trusts owning several hundred ground rent leases, failed to register the trusts' ground leases with the State Department of Assessments and Taxation (SDAT) as required by the state's Ground…
Date: October 25, 2011
Docket Number: 145/10
Justia Opinion Summary: In the circuit court, Appellant, a law firm, filed a motion to intervene in the case of Julie Zorzit v. John Zorzit (Appellee), seeking to recover counsel fees that it earned while representing Julie. The circuit court…
Date: October 25, 2011
Docket Number: 42/08
Justia Opinion Summary: After a jury trial, Petitioner Arthur White was convicted of first-degree murder, conspiracy to commit murder, armed robbery, and related offenses. The court of special appeals (1) affirmed the majority of Petitioner's…
Date: October 25, 2011
Docket Number: 45/10
Justia Opinion Summary: Petitioner Mark Denisyuk, a noncitizen, pleaded guilty to a deportable offense. Petitioner later filed a petition for postconviction relief, asserting that defense counsel was constitutionally ineffective by failing to…
Date: October 25, 2011
Docket Number: 56/10
Justia Opinion Summary: In a guardianship proceeding, the juvenile court granted guardianship of Child to the Department of Social Services (DSS). Mother was deemed to have consented to the guardianship because neither she nor her appointed…
Date: October 25, 2011
Docket Number: 87/09
Justia Opinion Summary: Petitioner Erick Spencer was convicted of robbery, theft over $500, and second degree assault. On appeal, Spencer challenged the sufficiency of the evidence to sustain his robbery conviction. The Court of Appeals…
Date: October 25, 2011
Docket Number: 93/07
Justia Opinion Summary: In the circuit court, summary judgment was entered against Appellants, the Association of Unit Owners of Tomes Landing Condominiums and MRA Property Management, on the ground that they violated the Maryland Consumer…
Date: October 24, 2011
Docket Number: 131/08
Justia Opinion Summary: Plaintiffs, a minor and her mother, sued Defendants, owners of residential rental properties, for negligence and deceptive practices in violation of the Maryland Consumer Protection Act after the minor suffered brain…
Date: October 24, 2011
Docket Number: 4/10
Justia Opinion Summary: After a jury trial, Petitioner William Briscoe was convicted of possessing a regulated firearm after having been convicted of, inter alia, possessing cocaine and wearing, carrying, or transporting a handgun in a vehicle.…
Date: October 24, 2011
Docket Number: 57/10
Justia Opinion Summary: Plaintiff, an unlicensed subcontractor, filed a complaint against Defendants, licensed contractors, alleging that it was entitled to a judgment in the amount that Defendants agreed to pay for home improvement work that…
Date: September 30, 2011
Docket Number: 139/10
Justia Opinion Summary: Woodmore Towne Centre applied for a non-tidal wetlands permit to construct a road extension and stream crossing in order to provide primary access into a development. After the Maryland Department of the Environment…
Date: September 30, 2011
Docket Number: 53/10
Justia Opinion Summary: Petitioner Christopher Mansfield was tried in a bench trial at the circuit court on five counts charging statutory sex-related offenses. At the close of the evidence, the trial judge, sua sponte and over Petitioner's…
Date: September 29, 2011
Docket Number: 6/10
Justia Opinion Summary: Appellant Norman Derr was convicted of multiple sexual offenses in circuit court. On appeal, Derr challenged the admission of forensic evidence introduced at trial through the testimony of an expert witness who did not…
Date: September 29, 2011
Docket Number: 62/09
Justia Opinion Summary: Petitioners were nonresidents who neither lived nor worked in Maryland but had a source of income in the State. In 2005, the Comptroller of the Treasury issued a notice of assessment against Petitioners' 2004 joint…
Date: September 23, 2011
Docket Number: 97/10
Justia Opinion Summary: Appellant Tonya Walker received housing benefits administered pursuant to the Section Eight Housing Program, which required certain family obligations to be satisfied for continued participation in the program.…
Date: September 22, 2011
Docket Number: 104/10
Justia Opinion Summary: In 1974, Appellant Douglas Arey was convicted of first-degree murder and use of a handgun in the commission of a felony. In 2002, Arey filed a petition for postconviction DNA testing of evidence related to his…
Date: September 22, 2011
Docket Number: 1m/10
Justia Opinion Summary: A year into his term as a circuit court judge, Appellant Charles Bernstein filed a complaint challenging his mandatory retirement pursuant to the Maryland Constitution, naming as defendants the State, Governor, and…
Date: September 22, 2011
Docket Number: 88/10
Justia Opinion Summary: A jury convicted Petitioner Robert Thomas of carrying a handgun. Petitioner appealed, contending that the trial court erred in not allowing him to impeach a State's witness's testimony with evidence of either the…
Date: September 21, 2011
Docket Number: 126/10
Justia Opinion Summary: Petitioner Enrique Silva was convicted by a jury of two counts of first-degree premeditated murder. At trial, the State called three witnesses who were present at the crime scene, one of whom was an admitted accomplice…
Date: September 21, 2011
Docket Number: 66/09
Justia Opinion Summary: Respondent and Cross Petitioner (Respondent), a former church employee, filed a sixteen-count civil action against Petitioners and Cross Respondents (Petitioners), including a church and a bishop, claiming that she was…
Date: September 21, 2011
Docket Number: 83/10
Justia Opinion Summary: A jury convicted Petitioners Cyrus Beads and Joseph Smith of several crimes against the person of three victims as well as several related offenses, including use of a handgun in the commission of a crime of violence.…
Date: September 20, 2011
Docket Number: 120/07
Justia Opinion Summary: A jury convicted Appellant Jody Miles of first-degree felony murder and related offenses, including robbery with a deadly weapon and use of a handgun in the commission of a crime of violence. Miles was sentenced to…
Date: September 20, 2011
Docket Number: 125/10
Justia Opinion Summary: After a jury trial, Ronald Cox was convicted of multiple offenses related to a murder. The court of special appeals affirmed his convictions. The Court of Appeals granted Cox's petition for certiorari and affirmed,…
Date: September 20, 2011
Docket Number: 77/09
Justia Opinion Summary: A jury convicted Petitioner Anthony Miller of two counts of second degree murder. The court of special appeals affirmed. Petitioner then filed a petition for writ of certiorari. The question Petitioner presented was…
Date: September 19, 2011
Docket Number: 51/08
Justia Opinion Summary: After a jury trial, William Langley was convicted of first-degree murder, use of a handgun in the commission of a crime of violence, and wearing or carrying a handgun. The court of special appeals affirmed. At issue on…
Date: August 19, 2011
Docket Number: 104/08
Justia Opinion Summary: A landowner submitted a site development plan to the county planning board, proposing to construct a mixed-use condominium building. Joel Broida, who lived across the street from the landowner's parcel of land, filed a…
Date: August 19, 2011
Docket Number: 67/08
Justia Opinion Summary: The decedent in this case, Dorothy Faya, lived most of her life in Catonsville in Baltimore County. After suffering a fall, Faya was taken to University Speciality Hospital (USH) in Baltimore City, where she remained for…
Date: August 18, 2011
Docket Number: 110/10
Justia Opinion Summary: Armardo Atkins was convicted of second degree assault in circuit court. On appeal, Atkins argued that the trial judge abused her discretion by instructing the jury that the State was not required to shoulder its burden…
Date: August 17, 2011
Docket Number: 100/10
Justia Opinion Summary: After responding to a domestic altercation between Mark Furda and his wife, police officers seized Furda's collection of weapons and transported Furda to the hospital for a mental health evaluation. Furda was later…
Date: August 17, 2011
Docket Number: 122/10
Justia Opinion Summary: Petitioners, Douglas and Vanessa Wietzke, filed a four-count complaint against the Chesapeake Conference Association of Seventh-Day Adventists (the Church), alleging nuisance, trespass, and negligence in connection with…
Date: August 17, 2011
Docket Number: 144/10
Justia Opinion Summary: Roger Greenberg was indicted and tried before a jury on five counts related to the care of Evelyn Zucker, to whom Greenberg had been married. During the proceeding against Greenberg, the trial judge permitted Greenberg's…
Date: August 16, 2011
Docket Number: 119/10
Justia Opinion Summary: Tyrone Lawson was a seventeen-year veteran of the Bowie State University Police Department until his termination for violating the Department's chain of command policy. Specifically, Lawson had drafted a letter…
Date: August 16, 2011
Docket Number: 134/10
Justia Opinion Summary: At issue in this medical malpractice action was a requirement of the Healthcare Malpractice Claims Act (HCMCA) that a plaintiff in a medical malpractice action file a proper Certificate of Merit (Certificate), and…
Date: August 16, 2011
Docket Number: 135/10
Justia Opinion Summary: Deltavia Cure was convicted of possession with intent to distribute a controlled dangerous substance, conspiracy to distribute a controlled dangerous substance, and conspiracy to possess with intent to distribute a…
Date: August 16, 2011
Docket Number: 20m/10
Justia Opinion Summary: In this action, secured parties, as creditors in bankruptcy proceedings and appellees here, attempted in separate cases before the bankruptcy court to execute on four deeds of trust whose affidavits of considerations…
Date: August 15, 2011
Docket Number: 143/10
Justia Opinion Summary: Three separate sets of repairs were made to a waste hauler purchased by Consolidated Waste from Standard Equipment. Consolidated Waste filed a complaint in circuit court, seeking to recoup the cost of the second round of…
Date: August 15, 2011
Docket Number: 65/10
Justia Opinion Summary: After a jury trial, Kendall Northam was convicted of second degree murder and first degree assault. During the proceedings, Northam, who was represented by an assistant public defender, filed a pro se motion for change…
Date: July 20, 2011
Docket Number: 102/10
Justia Opinion Summary: The Maryland State Retirement System (System) filed a claim against Milliman, an actuary, asserting that Milliman had understated the contributions required to fund three of the State's ten retirement and pension systems…
Date: July 20, 2011
Docket Number: 71/10
Justia Opinion Summary: Respondent Annapolis Towne Centre (ATC), the owner and developer of a mixed-use development, entered into an agreement with petitioner Hovnanian Land Investment, a residential developer, under which ATC agreed to sell a…
Date: July 19, 2011
Docket Number: 115/10
Justia Opinion Summary: While employed with Alpharma, a pharmaceutical company, Debra Parks was involved in marketing a prescription drug known as Kadian. Parks filed a complaint in circuit court for wrongful termination in violation of public…
Date: July 15, 2011
Docket Number: 112/10
Justia Opinion Summary: Respondent Perry Simms was charged with murder as well as various weapons charges. Before the trial, Simms filed a timely notice of alibi witnesses, listing the names of eleven individuals. Prior to admission, the notice…
Date: July 15, 2011
Docket Number: 15m/10
Justia Opinion Summary: Debtor Maureen Roberson filed a petition under Chapter 13 of Title 11 of the Bankruptcy Code, alleging that Ford Motor Credit Company wrongfully repossessed her car in the wake of her prior Chapter 7 bankruptcy charge…
Date: July 15, 2011
Docket Number: 78/10
Justia Opinion Summary: Jerry Hansen suffered a heart attack while working for Laurel City and assumed disabled status. When he attempted to return to work, he was informed he would no longer be employed with the City. After exhausting his…
Date: July 14, 2011
Docket Number: 107/10
Justia Opinion Summary: After a jury trial, Dedrick Wilkerson was found guilty of second-degree rape, second-degree assault, and false imprisonment. While investigating the crime, Wilkerson was placed in flex cuffs in his home and questioned…
Date: July 14, 2011
Docket Number: 116/10
Justia Opinion Summary: As part of the requirements of refinancing his home loan, Maurice Carter purchased lender's coverage title insurance from Huntington Title & Escrow. On behalf of a putative class of similarly situated persons, Carter…
Date: July 13, 2011
Docket Number: 90/10
Justia Opinion Summary: After a jury trial, Andre Arthur was convicted of failing to obey a lawful order and resisting arrest. The court of special appeals affirmed Arthur's convictions, holding that although the issue of an unlawful arrest was…
Date: July 13, 2011
Docket Number: 91/10
Justia Opinion Summary: Helen Holton, a member of the Baltimore City Council, was charged with bribery, malfeasance in office, nonfeasance in office, and perjury. The circuit court granted Holton's motion to dismiss those charges on the ground…
Date: July 13, 2011
Docket Number: 92/10
Justia Opinion Summary: Waymon Anderson was convicted of sexual abuse of a minor and second degree sexual offense. The State's evidence submitted to the trial court included a written report made to a detective in the police department by the…
Date: July 12, 2011
Docket Number: 114/10
Justia Opinion Summary: After Lee Stephens was indicted on charges of first degree murder and conspiracy to commit first degree murder, Stephens sought a pre-trial evidentiary hearing to determine whether the state could produce DNA evidence at…
Date: July 12, 2011
Docket Number: 49/10
Justia Opinion Summary: Bromberg Rosenthal filed a complaint against Coralie Kurstin in district court, seeking a judgment for the balance of fees owed by Kurstin under an employment agreement in which Kurstin hired Bromberg to represent her in…
Date: July 12, 2011
Docket Number: 73/10
Justia Opinion Summary: Petitioner Warren Ballard was indicted on charges of first degree murder and related offenses. Ballard filed a motion to suppress a portion of what he disclosed during the latter half of his interrogation, arguing that,…
Date: July 6, 2011
Docket Number: 87/10
Justia Opinion Summary: Petitioner Troy Jones was convicted of unlawful possession of a regulated firearm after having been convicted of a felony, pursuant to Md. Code Ann., Pub. Safety, 5-133(b). Jones appealed, arguing in the alternative that…
Date: June 30, 2011
Docket Number: 72/10
Justia Opinion Summary: Petitioner Leroy Evans appealed his conviction for the unlawful obliteration, removal, change, or alteration of a manufacturer's identification mark or number on a firearm pursuant to Md. Code Ann. Pub. Safety 5-142,…
Date: June 29, 2011
Docket Number: 151/09
Justia Opinion Summary: In the circuit court, a jury convicted petitioner Justin Hannah of the attempted murder of his former girlfriend's new boyfriend. After petitioner's conviction was affirmed by the court of special appeals, petitioner…
Date: June 29, 2011
Docket Number: 84/10
Justia Opinion Summary: In a declaratory judgment action, the Court of Appeals was asked to consider whether records of an investigation undertaken by the county police department's internal affairs division related to alleged violations of…
Date: June 24, 2011
Citation: 420 Md. 300
Docket Number: 79/10
Justia Opinion Summary: Petitioner Lamar Harris was charged with first degree murder and conspiracy to commit first degree murder. Court proceedings had stalled in the preliminary stages due to a disagreement about the propriety of the trial…
Date: June 23, 2011
Citation: 420 Md. 232
Docket Number: 120/09
Justia Opinion Summary: After a jury trial, petitioner Ricky Savoy was convicted of involuntary manslaughter, use of a handgun in the commission of a crime of violence, and carrying a handgun. Petitioner appealed, arguing that the trial court's…
Date: June 23, 2011
Citation: 420 Md. 268
Docket Number: 77/10
Justia Opinion Summary: Wayne Nocar, who was doing construction work on a house, died after falling through a stairwell opening in a floor that C&M Builders had built. Kelly Strub sued C&M on behalf of her son, alleging negligence in the death…
Date: June 22, 2011
Citation: 420 Md. 197
Docket Number: 26/08
Justia Opinion Summary: The county planning board approved a detailed site plan for a parcel of commercial property in Prince George's County. The county district council elected to review the planning board's approval, after which several…
Date: June 22, 2011
Citation: 420 Md. 211
Docket Number: 52/10
Justia Opinion Summary: Respondent Frank Loane filed a request for an administrative hearing to show cause why his driver's license should not be suspended after he refused to submit to a chemical breath test upon being stopped by a police…
Date: June 21, 2011
Citation: 420 Md. 172
Docket Number: 137/09
Justia Opinion Summary: The Board of County Commissioners of Cecil County voted to grant a water services and wastewater franchise to two related companies, after which it approved an agreement providing for the sale and transfer to the…
Date: June 20, 2011
Citation: 420 Md. 111
Docket Number: 109/10
Justia Opinion Summary: Petitioner Raymond Lupfer was convicted of second-degree murder, first-degree assault, and use of a handgun in a crime of violence. During the trial, the prosecution elicited testimony regarding the fact that Lupfer…
Date: June 20, 2011
Citation: 420 Md. 141
Docket Number: 131/10
Justia Opinion Summary: After lobbying for legislation authorizing collective bargaining for its members, the Maryland Transportation Authority Police Lodge #34 of the Fraternal Order of Police, Inc. (FOP) struck a written memorandum agreement…
Date: June 20, 2011
Citation: 420 Md. 84
Docket Number: 46/10
Justia Opinion Summary: Developer Eastern Petroleum Company sought the necessary approvals for the proposed expansion of a gas station from the appropriate local agencies, each of which held public hearings. The respondents, a group of nearby…
Date: June 20, 2011
Docket Number: 98/10
Justia Opinion Summary: Petitioners Donna and Hilton Silver owned three horses found by police in terrible health. One horse had to be euthanized, and the other two were sent to a rescue farm for rehabilitation. The state charged the Silvers…
Date: June 17, 2011
Citation: 420 Md. 45
Docket Number: 51/09
Justia Opinion Summary: Petitioner James Thomas, a retired Maryland State Police officer, applied for special disability retirement benefits after being found guilty of neglect of duty, submitting inaccurate reports, and submitting false…
Date: June 17, 2011
Citation: 420 Md. 57
Docket Number: 94/10
Justia Opinion Summary: Petitioners Policarpio Perez and Adam Canela were convicted of murder and related offenses in circuit court. During the course of the trial, jury members sent more than thirty notes to the court, seeking clarification of…
Date: May 25, 2011
Citation: 420 Md. 18
Docket Number: 24/08
Justia Opinion Summary: Petitioner was charged with possessing marijuana, importing into Maryland between 5 and 45 kilograms of marijuana, and related offenses. Near the beginning of the trial of his criminal case, after the prosecution's first…
Date: May 24, 2011
Citation: 420 Md. 1
Docket Number: 11/10
Justia Opinion Summary: Petitioner was found guilty of armed robbery and use of a handgun in the commission of a felony and sentenced to concurrent sentences of 25 years' imprisonment without the possibility of parole for armed robbery, and 5…
Date: May 23, 2011
Citation: 419 Md. 649
Docket Number: 66/10
Justia Opinion Summary: Petitioner sued the owners of her childhood home alleging injuries from lead paint on the premises. At issue was the trial court's instruction regarding the joint responsibilities of landlords and tenants in keeping the…
Date: May 23, 2011
Citation: 419 Md. 674
Docket Number: 93/10
Justia Opinion Summary: Petitioners attempted to vacate their escape convictions where they were sentenced to terms of imprisonment with a deferred, or "springing," start date and the sentencing judge informed them that if they stayed out of…
Date: May 23, 2011
Citation: 419 Md. 687
Docket Number: 95/10
Justia Opinion Summary: Plaintiff, born in September 1983, filed a five-count complaint against defendant, her grandfather, in September 2008 alleging that he raped her on two separate occasions, the first of which occurred when she was either…
Date: May 20, 2011
Citation: 419 Md. 630
Docket Number: 33/10
Justia Opinion Summary: As a result of an agreement reached during a post-conviction proceeding in the circuit court, the post-conviction court granted defendant a "re-sentencing" hearing before the judge who had imposed the sentence from which…
Date: May 6, 2011
Citation: 419 Md. 602
Docket Number: 14/10
Justia Opinion Summary: Petitioner filed for a writ of certiorari where she was convicted of first degree murder and related offenses, including use of a handgun in the commission of a crime of violence. At issue was whether the suppression…
Date: May 6, 2011
Citation: 419 Md. 588
Docket Number: 47/09
Justia Opinion Summary: Petitioner filed a writ of certiorari where he was convicted of second degree murder of an intended victim, second degree murder of an unintended victim, use of a handgun in the commission of a crime against the intended…
Date: May 4, 2011
Citation: 419 Md. 560
Docket Number: 64/10
Justia Opinion Summary: Respondent, the rental property owner, filed a "Complaint for Repossession of Rented Property under Real Property section 8-401" against petitioner, the tenant, for failure to pay rent that was due. At issue was whether…
Date: April 28, 2011
Citation: 419 Md. 343
Docket Number: 74/10
Justia Opinion Summary: Petitioner appealed convictions related to a shooting death where he contended that the trial judge abused his discretion in admitting several printed pages from petitioner's girlfriend's MySpace profile. The state did…
Date: April 27, 2011
Citation: 419 Md. 265
Docket Number: 36/09
Justia Opinion Summary: Petitioner, a police officer, filed a complaint against respondent under the theory of respondeat superior and alleged negligent hiring/supervision and negligence in supervising 911 dispatch protocols when he suffered…
Date: April 27, 2011
Citation: 419 Md. 306
Docket Number: 43/10
Justia Opinion Summary: Petitioner filed a breach of contract claim against its former employee claiming that the employee violated the terms of her employment agreement by breaching the duty of loyalty and by breaching a non-solicitation…
Date: April 26, 2011
Citation: 419 Md. 149
Docket Number: 103/09
Justia Opinion Summary: Respondent Emanuel Tejada was convicted by a jury on two counts of attempted murder, armed robbery, and related offenses. Respondent and a co-defendant were scheduled to stand trial in Montgomery County. The trial was…
Date: April 26, 2011
Citation: 419 Md. 100
Docket Number: 141/08
Justia Opinion Summary: Respondent James Goldsberry, Jr. was tried before a jury in Prince George’s County Circuit Court and convicted of second degree felony murder, conspiracy, attempted robbery and weapons charges. He appealed the judgments…
Date: April 26, 2011
Citation: 419 Md. 89
Docket Number: 19/08
Justia Opinion Summary: Claimant filed a claim against Government Insurance Company ("GEICO") for uninsured/underinsured motorist coverage after sustaining serious injuries as a result of a car accident. At issue was whether the coverage…
Date: April 26, 2011
Citation: 419 Md. 173
Docket Number: 23/10
Justia Opinion Summary: Respondent filed a complaint against petitioners alleging that petitioners had breached their agreement to pay the "Advisory Fee" that respondent earned while acting as petitioners' broker in the sale of petitioners'…
Date: April 26, 2011
Citation: 419 Md. 194
Docket Number: 47/10
Justia Opinion Summary: Beka Industries, Inc. ("BEKA") sued the Board of Education of Worcester County ("County Board") alleging claims that arose from a written contract dispute between BEKA and the County Board when BEKA was dissatisfied with…
Date: April 26, 2011
Citation: 419 Md. 239
Docket Number: 59/10
Justia Opinion Summary: Petitioner Dwayne Peaks was convicted of multiple offenses following a jury trial in circuit court. Petitioner argued that the trial judge did not make an adequate determination of Petitioner’s competency to stand trial…
Date: April 25, 2011
Citation: 418 Md. 692
Docket Number: 2/10
Justia Opinion Summary: At issue on review by the Supreme Court is whether people aggrieved by the Board of County Commissioners of Kent County can appeal the Commissioners' decision to an appellate court. The Commissioners approved a request…
Date: April 25, 2011
Citation: 419 Md. 450
Docket Number: 35/10
Justia Opinion Summary: At issue on review by the Supreme Court is the extent to which the Local Government Tort Claims Act limits the recovery of a man whose constitutional rights were violated by acts of a local police force. Respondent Keith…
Date: April 25, 2011
Citation: 419 Md. 1
Docket Number: 61/10
Justia Opinion Summary: Petitioner Ms. B. and Mr. T. are the biological parents of Shirley, Jordan, Davon and Cedric (collectively, "the Children"). In 2005, the Children were referred to Prince George's County Department of Social Services…
Date: April 25, 2011
Citation: 419 Md. 35
Docket Number: 81/10
Justia Opinion Summary: In January, 2006, Appellee-Defendant Demetrius Daughtry was indicted with murder, robbery, robbery with a deadly weapon and use of a handgun in the commission of a violent felony stemming from the botched robbery and…
Date: April 22, 2011
Citation: 418 Md. 630
Docket Number: 70/10
Justia Opinion Summary: Petitioner Stephen Norman and two others owned equal shares in Sussex Title Company. Respondents Scott Borison and the Legg Law Firm filed on behalf of their clients a proposed class action lawsuit against multiple…
Date: April 22, 2011
Citation: 419 Md. 413
Docket Number: 89/10
Justia Opinion Summary: Petitioner 600 North Frederick Road, LLC, owner of one parcel of a three-parcel tract of land in Montgomery County, appealed the judgment from the Court of Special Appeals that affirmed the judgment of the circuit court.…
Date: February 24, 2011
Citation: 418 Md. 300
Docket Number: 62/10
Date: January 24, 2011
Citation: 417 Md. 622
Docket Number: 18/08
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