Maryland Court of Appeals Decisions 2018
Date: December 18, 2018
Docket Number: 1m/18
Justia Opinion Summary: In answering a question of law certified to it by the United States District Court of the District of Maryland, the Court of Appeals held that Md. Code Ann. Cts. & Jud. Proc. (CJP) 12-601 to 12-613 is a statutory…
Date: December 18, 2018
Docket Number: 2/18
Justia Opinion Summary: At issue was whether, at a criminal trial on drug charges, the introduction of valid prescriptions for controlled substances are barred by the rule against hearsay or if, instead, they are non-hearsay and admissible as a…
Date: December 13, 2018
Docket Number: 15/18
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the Court of Special Appeals affirming the ruling of the circuit court that precluded Defendant from playing video excerpts of trial court testimony during closing argument,…
Date: December 13, 2018
Docket Number: 26/18
Justia Opinion Summary: The Court of Appeals reversed the judgment of the circuit court, holding that, under the plain language of Md. Code Ann., Transp. (TR) 16-205.1(b)(2)(ii), a law enforcement officer in requesting that a driver take an…
Date: November 20, 2018
Docket Number: 10/18
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the circuit court affirming the administrative law judge ruling that Petitioner was fully advised of the sanctions imposed upon him after refusing a chemical test, holding…
Date: November 20, 2018
Docket Number: 9/18
Justia Opinion Summary: The Court of Appeals affirmed the decision of the Court of Special Appeals affirming the judgment of the trial court admitting an audio-recorded conversation recovered from Defendant’s cell phone during trial and…
Date: November 19, 2018
Docket Number: 3/18
Justia Opinion Summary: In this case involving the State Correctional Officers’ Bill of Rights and the interplay between Md. Code Ann. 10-910(b)(1) and 10-910(b)(6), the Court of Appeals reversed the judgment of the Court of Special Appeals…
Date: November 19, 2018
Docket Number: 4/18
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the Court of Special Appeals concluding that the circuit court was permitted to order Appellant to pay restitution in a theft case without a request from the victim or State,…
Date: November 7, 2018
Docket Number: 8/18
Justia Opinion Summary: The Court of Appeals vacated all of Petitioner’s sentences and remanded the case for resentencing, holding that, under the circumstances of this case, it was appropriate for the Court to exercise its discretion to vacate…
Date: November 1, 2018
Docket Number: 14/18
Justia Opinion Summary: The Court of Appeals held that the trial judge abused his discretion in directing the State to reopen its case-in-chief to recall an expert witness after the defense moved for judgment of acquittal, and therefore,…
Date: October 30, 2018
Docket Number: 12/18
Justia Opinion Summary: The Court of Appeals reversed the judgment of the Court of Special Appeals and directed the remand of this matter to the circuit court for a hearing on the merits of Petitioner’s motion for a new trial under Maryland…
Date: October 26, 2018
Docket Number: 11/18
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of appeals affirming the judgment of the circuit court convicting Defendant of second-degree murder, holding that the trial court erred in admitting certain…
Date: August 29, 2018
Docket Number: 15/17
Justia Opinion Summary: The Court of Appeals held that the Public Service Commission (Commission) acted within its authority when it approved the acquisition of Pepco Holdings, Inc. (PHI) and its utility subsidiaries by Exelon Corporation…
Date: August 29, 2018
Docket Number: 54/17
Justia Opinion Summary: At issue was three crimes that were committed when each of three Petitioners was a juvenile and whether each Petitioner was effectively serving a sentence of life without parole because the laws of Maryland do not…
Date: August 29, 2018
Docket Number: 57/17
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the Court of Special Appeals granting Respondent’s motion to dismiss and dismissing the State’s appeal from the circuit court’s grant of Respondent’s motion to correct…
Date: August 27, 2018
Docket Number: 84/17
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the Court of Special Appeals finding that the trial court did not deny Petitioner due process by permitting the State to question him about his failure to disclose an alibi…
Date: August 14, 2018
Docket Number: 81/17
Justia Opinion Summary: At issue before the Court of Appeals was the correct interpretation of Md. Code Ann. Pub. Util. (PU) 4-210, known as the STRIDE statute, which allows Maryland gas companies more timely cost recovery if they submit plans…
Date: August 13, 2018
Docket Number: 74/17
Justia Opinion Summary: At issue in this criminal case was (1) whether a witness’s statement that another witness “would not tell the truth about certain things[,]” was admissible as a personal opinion about that witness’s character for…
Date: August 13, 2018
Docket Number: 77/17
Justia Opinion Summary: At issue was whether allowing a child to remain indefinitely in the custody of a third party, without termination of the parents’ parental rights, constitutes a proper exercise of judicial discretion consistent with the…
Date: August 13, 2018
Docket Number: 82/17
Justia Opinion Summary: At issue was whether a duty of care extended from a medical research institute to a child who was allegedly injured by exposure to lead when the research institute conducted a research study seeking to investigate the…
Date: August 2, 2018
Docket Number: 40/17
Justia Opinion Summary: At issue in this consolidated appeal was whether the Maryland Collection Agency Licensing Act (MCALA), as revised by a 2007 departmental bill, was constrained to the original scope of collection agencies seeking consumer…
Date: July 31, 2018
Docket Number: 29/17
Justia Opinion Summary: At issue was whether a circuit court’s exercise of its coercive powers to incarcerate a drug court program participant is subject to appellate review and can violate a participant’s right to due process. Respondents in…
Date: July 31, 2018
Docket Number: 2jd/17
Justia Opinion Summary: At issue was whether Honorable Mary C. Reese’s actions in two cases constituted sanctionable conduct under court rules and the circumstances presented. Judge Reese presided over two hearings at which Petitioners sought…
Date: July 31, 2018
Docket Number: 67/17
Justia Opinion Summary: At issue was whether Petitioner’s request for the release of notes containing possible personnel information relating to her performance as an employee of the Montgomery County Attorney’s office were subject to…
Date: July 31, 2018
Docket Number: 73/17
Justia Opinion Summary: The Court of Appeals affirmed the judgments of the circuit court and Court of Special Appeals that there were no errors of procedure or substantive law on the part of Respondents - the University of Maryland Baltimore…
Date: July 31, 2018
Docket Number: 80/17
Justia Opinion Summary: In this case alleging injuries and damages caused by lead paint exposure at a residential property the Court of Appeals clarified the issue of when epidemiological studies relied upon by an expert provide a sufficient…
Date: July 31, 2018
Docket Number: 85/17
Justia Opinion Summary: In this challenge to the 2018 primary election ballot, the Court of Appeals held that the State Board of Elections was required to apply the deadlines set forth in the state election law and follow the directives of the…
Date: July 30, 2018
Docket Number: 75/17
Justia Opinion Summary: At issue was whether a court may vacate an arbitrator’s decision for manifest disregard of applicable law even though such a ground is not listed in Md. Code Ann. Cts. & Jud. Proc. 3-224(b). Petitioners sought to vacate…
Date: July 30, 2018
Docket Number: 76/17
Justia Opinion Summary: In this breach of contract case stemming from the failure to pay for labor and materials provided by a construction subcontractor (Petitioner) to a general contractor through six construction contracts, the Court of…
Date: July 16, 2018
Docket Number: 70/17
Justia Opinion Summary: When assessing whether exceptional circumstances exist that make continuing the parental relationship detrimental to a child’s best interests, a juvenile court errs by considering custody-specific factors used to…
Date: July 12, 2018
Docket Number: 31/17
Justia Opinion Summary: The Court of Appeals affirmed the post-conviction court’s denial of Appellant’s post-conviction motion for DNA testing under Md. Code Crim. Proc. 8-201, holding that the post-conviction court did not err when it…
Date: July 12, 2018
Docket Number: 36/17
Justia Opinion Summary: The process of involuntary admission of an individual begins with the initiation application for involuntary admission and ends upon a hearing officer’s decision whether to admit or release that individual. If, during…
Date: July 12, 2018
Docket Number: 68/17
Justia Opinion Summary: At issue was whether a teacher in the Montgomery County Public School (MCPS) system is protected by the Maryland State Whistleblower Protection Law (WBL), Md. Code State Pers. & Pens. 5-301-314. Petitioner filed a WBL…
Date: July 12, 2018
Docket Number: 78/17
Justia Opinion Summary: The trial court properly admitted into evidence a bank statement record and a compact disk (CD) containing video surveillance footage because the evidence was properly authenticated under the Maryland Rules of…
Date: July 12, 2018
Docket Number: 79/17
Justia Opinion Summary: Testimony of a forensic examiner that the daughter of Petitioner, who was accused of sexually abusing his daughter, showed “no signs of fabrication” and that the examiner had no concerns about fabrication when the…
Date: July 11, 2018
Docket Number: 71/17
Justia Opinion Summary: The trial court abused its discretion by choosing to wait until Defendant testified before ruling on the admissibility of Defendant’s prior conviction for purposes of impeachment. Defendant was convicted for possession…
Date: June 25, 2018
Docket Number: 50/17
Justia Opinion Summary: At issue was whether the circuit court erred in admitting controlled dangerous substances into evidence at trial in the absence of strict compliance with Md. Code Ann. Cts. & Jud. Proc. 10-1001, 10-1002, and…
Date: June 25, 2018
Docket Number: 65/17
Justia Opinion Summary: Under the totality of the circumstances of this case, Petitioner knowingly and voluntarily pleaded guilty to first-degree murder. Petitioner pleaded guilty to first-degree murder. After unsuccessfully seeking leave to…
Date: June 25, 2018
Docket Number: 66/17
Justia Opinion Summary: At issue was whether the possession and control exception to Maryland’s statute of repose, codified at Md. Code Cts. & Jud. Proc. (CJP) 5-108, which bars certain claims relating to injuries caused by improvements to real…
Date: June 21, 2018
Docket Number: 60/17
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the Court of Special Appeals affirming the trial court, which convicted Petitioner of rape and sentenced him to a term of seven years incarceration and five years of…
Date: June 21, 2018
Docket Number: 63/17
Justia Opinion Summary: Jurisdiction under the Maryland Uniform Postconviction Procedure Act (UPPA), Md. Code Ann., Crim. Proc. 7-101 to -109, is determined upon the filing of a petition for postconviction relief and, barring a procedural…
Date: June 21, 2018
Docket Number: 72/17
Justia Opinion Summary: In this dispute over constitutional limits on the governor’s power to make recess appointments, the Court of Appeals held that a provision in the state budget bill passed by the general assembly that precluded two…
Date: May 24, 2018
Docket Number: 8/17
Justia Opinion Summary: The award of summary judgment in favor of the general contractor against the subcontractor in this case based on a pay-if-paid clause was improper because the pay-if-paid clause did not apply to the issues in this…
Date: May 21, 2018
Docket Number: 48/17
Justia Opinion Summary: In this workers’ compensation case, the Court of Appeals clarified an exception to the "going and coming rule" - the special mission or errand doctrine. Employee, who was employed by Montgomery County, was injured in a…
Date: May 9, 2018
Docket Number: 53/17
Justia Opinion Summary: The Court of Appeals here adopted the “prison mailbox rule” - under which the papers or pleadings of unrepresented, incarcerated litigants are deemed “filed” when formally delivered to prison authorities for mailing to…
Date: April 26, 2018
Docket Number: 38/17
Justia Opinion Summary: At issue was the proper procedure before an orphans’ court when an interested party files a petition to caveat a will and when an interested party requests that the orphans’ court transmit an issue to the circuit court…
Date: April 23, 2018
Docket Number: 51/17
Justia Opinion Summary: At issue was what findings a court must make in order to require attorney’s fees to be paid to an adverse party who was subjected to proceedings that were brought in bad faith or lacked substantial justification and what…
Date: April 20, 2018
Docket Number: 22/17
Justia Opinion Summary: The Court of Appeals reversed the judgment of the Court of Special Appeals, which held that the police did not have probable cause to search the trunk of a car owned and driven by Respondent. The suppression court…
Date: April 20, 2018
Docket Number: 26/17
Justia Opinion Summary: The doctrine of imputed negligence does not apply to deem an owner-passenger of a motor vehicle contributorily negligent based on the negligence of a permissive driver of the owner-passenger’s vehicle and bar the…
Date: April 20, 2018
Docket Number: 37/17
Justia Opinion Summary: In the context of a probable cause determination, the issue of a drug detection dog’s reliability is a legal question to be reviewed de novo. Sergeant Christopher Lamb initiated a traffic stop of a vehicle that…
Date: April 20, 2018
Docket Number: 42/17
Justia Opinion Summary: The Court of Appeals vacated the judgment of the circuit court affirming the finding of the administrative law judge (ALJ) that Respondent was coerced into submitting to an alcohol breath test required by Md. Code Ann.…
Date: April 20, 2018
Docket Number: 62/17
Justia Opinion Summary: In this case involving a dispute over real property, the Court of Appeals held that Md. Code Ann. Real Prop. 14-601 to 14-621 and Maryland Rules 12-801 to 12-811 apply retroactively to all cases that were pending when…
Date: April 12, 2018
Docket Number: 27/17
Justia Opinion Summary: The Court of Appeals agreed with the lower courts that Petitioners’ arguments seeking to avoid the application of the caps in the Maryland Tort Claims Act (MTCA) and Md. Code Cts. & Jud. Proc. (CJ) 11-108, as well as the…
Date: April 12, 2018
Docket Number: 9/17
Justia Opinion Summary: The Court of Appeals reversed Defendant’s convictions arising out of a home invasion and robbery, arguing that the trial court erred in giving a missing witness instruction in this case. None of the victims of the crime…
Date: April 10, 2018
Docket Number: 23/17
Justia Opinion Summary: At issue in this case were the Dabbs Class’s claims demanding refunds of impact fees collected by Anne Arundel County between fiscal years 1997-2003. Anne Arundel County imposed road and school impact fees according to…
Date: March 29, 2018
Docket Number: 11/17
Justia Opinion Summary: At issue was whether victim impact evidence in the form of a video displaying more than one hundred photographs of Defendant’s victims, with accompanying music, is permissible at a sentencing hearing. Defendant entered…
Date: March 28, 2018
Docket Number: 41/17
Justia Opinion Summary: At issue was when injuries from asbestos exposure “arise” for purposes of the statute of repose, Md. Code Cts. & Jud. Proc. 5-108. James Piper filed a complaint alleging that at the time he worked in connecting a new…
Date: March 27, 2018
Docket Number: 10/17
Justia Opinion Summary: The trial court in this criminal case did not err in admitting the testimony from the State’s cellular communication expert, Allen Hagy, and did not err in admitting evidence of Defendant’s silence during an…
Date: March 27, 2018
Docket Number: 5m/16
Justia Opinion Summary: Although the Maryland Commission on Judicial Disabilities violated applicable Maryland Rules in proceedings against Judge Pamela J. White, the violations did not ultimately deprive Judge White of a fundamentally fair…
Date: March 26, 2018
Docket Number: 21/17
Justia Opinion Summary: At issue was to which of the decedent’s wives applied the provision of a trust agreement providing that a charitable foundation would be created unless the decedent was survived by his wife, in which case the foundation…
Date: March 26, 2018
Docket Number: 35/17
Justia Opinion Summary: In this election contest, the circuit court properly granted Defendants’ motion to dismiss on the grounds that Appellant's petition was untimely filed under Md. Code Ann., Elec. Law (EL) 12-202(b) and barred by the…
Date: March 26, 2018
Docket Number: 61/17
Justia Opinion Summary: Md. Code Ann., Real Prop. 8-402.1(a)(1)(i) requires that before a landlord may file a breach of lease action, the tenant must breach the lease, the notice requirement must expire, and the tenant must refuse to comply…
Date: February 21, 2018
Docket Number: 25/17
Justia Opinion Summary: A conviction that is more than fifteen years old is not irrelevant as a matter of law to a character witness’ opinion about a defendant. After he was convicted for second-degree assault, Defendant appealed, arguing that…
Date: February 21, 2018
Docket Number: 43/17
Justia Opinion Summary: The memorandum of understanding (MOU) between Prince George’s County and the City of College Park, a municipality within the County, did not alter the City’s authority to enforce zoning violations within the limits of…
Date: February 21, 2018
Docket Number: 52/17
Justia Opinion Summary: At issue was under what circumstances a defendant has properly invoked his right to request a discharge of counsel pursuant to Maryland Rule 4-215(e). The Court of Special Appeals vacated Defendant’s convictions…
Date: February 21, 2018
Docket Number: 6/17
Justia Opinion Summary: Data from a business record indicating locations and durations of time determined by a GPS device carried by Defendant was admissible without the need for the State to present expert testimony to explain the operation…
Date: February 20, 2018
Docket Number: 17/17
Justia Opinion Summary: At issue was whether the revised and consolidated assault statute, contained in Md. Code Ann. Crim. Law 3-201(b), contemplates different crimes or whether the acts constitute second degree assault. Petitioner was…
Date: February 20, 2018
Docket Number: 28/17
Justia Opinion Summary: At issue was whether the Attorney General has authority to request injunctive relief against a nursing facility pursuant to two different provisions of the Patient’s Bill of Rights, a comprehensive statutory scheme…
Date: February 20, 2018
Docket Number: 49/17
Justia Opinion Summary: At issue was the manner in which Md. Const. art. IV, 22, which provides for an in banc appeal from a “decision of determination of any point or question” by a circuit court judge, is intended to operate. The State in…
Date: February 2, 2018
Docket Number: 39/17
Justia Opinion Summary: At issue in this negligence case was the admission, under Maryland Rule 5-703(b), of Plaintiff’s medical records that a defense expert relied upon in forming his opinions. The circuit court granted a motion for judgment…
Date: January 26, 2018
Docket Number: 16/17
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the circuit court finding that the Dormant Mineral Interests Act (the Act), Md. Code Ann. Envir. 15-1201 through 15-1206, is constitutional and terminating Petitioners’…
Date: January 23, 2018
Docket Number: 14/17
Justia Opinion Summary: The Court of Appeals reversed the judgment of the Court of Special Appeals and remanded this criminal case with instructions to vacate the judgment of the circuit court convicting Defendant of second-degree murder and…
Date: January 19, 2018
Docket Number: 12/17
Justia Opinion Summary: The trial court properly dismissed two of Petitioners’ counts against Respondent seeking damages for injuries one of the petitioners allegedly sustained while staying at one of Respondent’s facilities because these two…
Date: January 19, 2018
Docket Number: 25/17
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the Court of Special Appeals affirming Defendant’s conviction of second-degree assault. On appeal, Defendant argued that the trial court improperly admitted evidence of his…
Date: January 19, 2018
Docket Number: 4m/17
Justia Opinion Summary: When a landlord sues a tenant for breach of contract based on a residential lease and the trial court enters judgment in the landlord’s favor and the judgment includes damages for unpaid rent and other expenses, a…
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