Category: Court of Appeals Opinions

553 A.2d 696 STATE OF MARYLAND v. PAUL D. TONEY. No. 43, September Term, 1988.Court of Appeals of Maryland. February 28, 1989. Appeal from the Circuit Court, Baltimore City, Arrie W. Davis, J. Page 123 Stuart O. Simms, State’s Atty. for Baltimore City, J. Joseph Curran, Jr., Atty. Gen., Ann N. Bosse, Asst. Atty. Gen., […]

101 A.2d 881 GREAT UNITED REALTY COMPANY, INC. v. LEWIS [No. 30, October Term, 1953.]Court of Appeals of Maryland. Decided January 7, 1954. CONTRACTS — Rescission by Vendee of Contract to Purchase Realty — No Recovery of Part Payments. At common law, where the vendee rescinds the contract of sale, and the vendor is not […]

433 A.2d 1143 JACK JAMES SMITH v. STATE OF MARYLAND [No. 95, September Term, 1980.]Court of Appeals of Maryland. Decided August 26, 1981. TRIALS — Recordation Of Testimony — Purpose Of Maryland Rule 1224 To Preserve A Correct And Precise Account Of The Rulings And Evidence At Trial And To Assure The Ability Of Courts […]

572 A.2d 182 DOWELL v. SOLOMON September Term 1989Court of Appeals of Maryland. Decided April 17, 1990 Pet. Docket No. 604 — denied.

161 A.2d 693 MULLAN, EXECUTOR v. MULLAN [No. 211, September Term, 1959.]Court of Appeals of Maryland. Decided June 9, 1960. EQUITY — Principle Of Reversing Ordinary Rules Of Evidence As To Burden Of Proof After Showing Of Confidential Relationship Is An Equitable One. The principle of reversing the ordinary rules of evidence as to the […]

504 A.2d 1152 VAVASORI v. COMM’N ON HUMAN RELATIONS September Term, 1985Court of Appeals of Maryland. Decided February 25, 1986 Pet. Docket No. 549 — denied.

135 A.2d 893 TROUT v. TROUT [No. 64, September Term, 1957.]Court of Appeals of Maryland. Decided November 18, 1957. DIVORCE — Not Granted Because Of Incompatibility Or Social Desirability Unless Testimony Measures Up To Legislative Grounds. Divorces cannot be granted because of incompatibility or social desirability unless the testimony measures up to the legislative grounds. […]

856 A.2d 722 MARCELLUS E. HENDRIQUES v. STATE. Pet. Docket No. 21.Court of Appeals of Maryland. Denied August 23, 2004. No. 920, September Term 2002, Opinion of the Court of Special Appeals unreported. Petition for writ of certiorari denied.

784 A.2d 569 WILLIAM B. BREITENBACH v. N. B. HANDY COMPANY et al. No. 28, September Term, 2001Court of Appeals of Maryland. Filed: November 8, 2001 Page 468 Appealed from Circuit Court, St. Mary’s County, John Hanson Briscoe, J., reversed. Circuit Court reversed, and remanded. Page 469 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

694 A.2d 949, 694 A.2d 950, 694 A.2d 951 GREAT ATLANTIC TEA v. TAYLOR[*] September Term 1996Court of Appeals of Maryland. Denied June 11, 1997 [*] September Term 1996 Pet. Docket No. 664 — denied. Opinion of the Court of Special Appeals unreported (No. 442, 1996 Term).

128 A.2d 277 STERLING v. STERLING [No. 36, October Term, 1956.]Court of Appeals of Maryland. Decided January 7, 1957. REAL PROPERTY — Adverse Possession — Title to Land under Navigable Waters Cannot Be Gained by. A claimant cannot gain title by adverse possession to land under navigable waters. This Court has recognized the continued ownership […]

493 A.2d 1082 ANTHONY P. TRUSTY v. STATE September Term, 1985Court of Appeals of Maryland. Decided June 27, 1985 Pet. Docket No. 92 — denied. Opinion (No. 631, 1984 Term, Court of Special Appeals) unreported.

505 A.2d 1342 JERRY JEROME ROCHKIND v. STATE September Term, 1985Court of Appeals of Maryland. Decided March 24, 1986 Pet. Docket No. 591 — denied. Opinion (No. 398, 1985 Term, Court of Special Appeals) unreported.

575 A.2d 742 RICHARD ALAN MINER v. STATE September Term, 1990Court of Appeals of Maryland. Decided June 29, 1990 Pet. Docket No. 100 — denied. Opinion (No. 1194, 1989 Term, Court of Special Appeals) unreported.

962 A.2d 371 UMMS v. Waldt. No. Pet. Docket No. 434 and cross-petition.Court of Appeals of Maryland. Granted December 19, 2008. Reported below: 181 Md.App. 217, 956 A.2d 223. Petitions for Writ of Certiorari. both granted.

875 A.2d 770 GREER v. HARTFORD LIFE. Pet. Docket No. 128.Court of Appeals of Maryland. Denied June 17, 2005. No. 12-C-99-2711, Circuit Court for Harford County. Petition for writ of certiorari denied.

517 A.2d 1120 LAMB v. HAMMOND September Term, 1986Court of Appeals of Maryland. Decided December 3, 1986 Granted on Motion of this Court. Judges Eldridge and Rodowsky did not participate in the consideration of the issuance of the writ of certiorari. Pending in Court of Special Appeals (1986 Term).

71 A.2d 460 DEBINSKI v. STATE [No. 32, October Term, 1949.]Court of Appeals of Maryland. Decided February 8, 1950. Criminal Law — Breaking and Entering Storehouse With Intent To Commit Felony, Not Felony — Breaking Into Storeroom and Stealing, Not Felony — Larceny Of $25 Or Upwards, Felony — Indictment — May Include Separate Counts […]

80 A.2d 614 WALKER v. WARDEN OF MARYLAND HOUSE OF CORRECTION [H.C. 37, October Term, 1950.]Court of Appeals of Maryland. Decided May 16, 1951. HABEAS CORPUS — Counsel — Deprivation of. To have his petition for a writ of habeas corpus on the ground of denial of counsel considered, petitioner must allege that he was […]

756 A.2d 583 UNITED STATES v. CARLA BIELASKI, as Personal Representative of the Estate of Daniel Shay, et al. No. 149, September Term, 1999Court of Appeals of Maryland. July 26, 2000 Orphan’s Court for Montgomery County, Case No. 00673. Reversed and remanded with directions. Page 68 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

552 A.2d 894 MASSEY v. STATE September Term, 1988Court of Appeals of Maryland. Decided, February 6, 1989 Pet. Docket No. 472 — denied. Opinion (No. 198, 1988 Term, Court of Special Appeals) unreported.

707 A.2d 88 BALTIMORE DOOR v. RAYNOR ASSOC. September Term 1997Court of Appeals of Maryland. Denied March 11, 1998 Pet. Docket No. 547 — denied. (No. C-97-36555AA, Circuit Court for Anne Arundel County).

124 A.2d 822 FEIGLEY v. BALTIMORE TRANSIT COMPANY [No. 189, October Term, 1955.]Court of Appeals of Maryland. Decided July 31, 1956. ADMISSIONS — Promise to Pay Damages by One Personally Involved in Accident. A definite promise to pay damages made by one personally involved in an accident may constitute an implied admission of fault. p. […]

527 A.2d 331 RICHARD ALLEN EDGE v. STATE September Term, 1987Court of Appeals of Maryland. Decided July 2, 1987 Pet. Docket No. 96 — granted. Dismissed by Court of Special Appeals (No. 1548, 1986 Term).

878 A.2d 588 Cathy MASON v. Chauncey R. LYNCH. No. 24 September Term 2003.Court of Appeals of Maryland. July 15, 2005. Appeal from the Circuit Court, Prince George’s County, Herman C. Dawson, J. Page 38 David M. Kopstein (Bryan Perilman of Dross, Levenstein, Perilman Kopstein, on brief), of Seabrook, for petitioner. Thomas R. Mooers (Brian […]

255 A.2d 387 LARSEN, ET UX. v. ROMEO, ET AL. [No. 232, September Term, 1968.]Court of Appeals of Maryland. Decided June 23, 1969. DIRECTED VERDICTS — In Considering Propriety Of Directed Verdict, Court Considers All Evidence And Permissible Inferences Drawn Therefrom In Light Most Favorable To Party Against Whom Directed Verdict Is Sought. p. 221 […]

546 A.2d 490 RINGGOLD v. QUEEN ANNE’S COUNTY ASS’N FOR HANDICAPPED CITIZENS September Term, 1988Court of Appeals of Maryland. Decided September 2, 1988 Pet. Docket No. 212 — granted.

881 A.2d 1147 ATTORNEY GRIEVANCE COMMISSION OF MARYLAND, Petitioner v. Stuart M. BLUM, Respondent. Misc. Docket AG No. 30 September Term, 2005.Court of Appeals of Maryland. August 8, 2005. ORDER The Court having considered the motion to amend the disbarment order or, in the alternative to suspend the September 2, 2005 reinstatement of Maryland Rule […]

10 A.3d 1181 Impallaria v. Kramer. Pet. Docket No. 389.Court of Appeals of Maryland. Denied January 24, 2011. (No. 03-C-10-004251, Circuit Court for Baltimore County). Petitions For Writ of Certiorari denied. Page 502

610 A.2d 796 EHRET v. V.R. REALTY September Term, 1992Court of Appeals of Maryland. Decided August 24, 1992 Pet. Docket No. 181 — denied. Opinion (No. 932, 1991 Term, Court of Special Appeals) unreported.

496 A.2d 682 BISCARR v. HALPER September Term, 1985Court of Appeals of Maryland. Decided September 4, 1985 Pet. Docket No. 146 — denied. Opinion (No. 968, 1984 Term, Court of Special Appeals) unreported.

486 A.2d 200 JOHN NORMAN HUFFINGTON v. STATE OF MARYLAND. No. 109, September Term, 1983.Court of Appeals of Maryland. Order November 4, 1983. Opinion January 10, 1985. Page 185 Alan C. Drew, Upper Marlboro, for appellant. Deborah K. Chasanow, Asst. Atty. Gen., Baltimore, for appellee. Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY […]

174 A.2d 789 MUELLER v. FIDELITY-BALTIMORE NATIONAL BANK [No. 70, September Term, 1961.]Court of Appeals of Maryland. Decided November 13, 1961. Motion for rehearing filed November 22, 1961, denied December 20, 1961. DOWER — Release Of, By Wife — Valid Even If She Receives No Consideration, Where Husband Receives Consideration — But She May Exact […]

883 A.2d 915 EARL A. SPEARES v. STATE. Pet. Docket No. 192.Court of Appeals of Maryland. Denied October 4, 2005. No. 1310, Sept. Term 2004, Opinion of the Court of Special Appeals unreported. Petition for writ of certiorari denied.

540 A.2d 132 RADVAN-ZIEMNOWICZ v. ZIEMNOWICZ September Term, 1987Court of Appeals of Maryland. Decided April 21, 1988 Pet. Docket No. 616 — denied. Judge McAuliffe did not participate in the consideration of this petition. Opinion (No. 371, 1987 Term, Court of Special Appeals) unreported.

627 A.2d 538 CAMPBELL v. BG E September Term, 1993Court of Appeals of Maryland. Decided July 21, 1993 Pet. Docket No. 117 — denied.

431 A.2d 88 ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. DONALD S. LEBOWITZ [Misc. (BV) No. 19, September Term, 1980.]Court of Appeals of Maryland. Decided June 26, 1981. ATTORNEYS — Disciplinary Proceedings — Conviction Of Crime Of Moral Turpitude — Willfully Subscribing To A False Federal Income Tax Return Substantially Understating His Gross Income By A […]

753 A.2d 1034 FREDERICK W. PUDDESTER v. REGINALD M. FELTON et al. No. 146, September Term, 1999Court of Appeals of Maryland. June 26, 2000 Appeal from Circuit Court for Montgomery County, Case: Civil # 172750. Page 337 Andrew H. Baida, Assistant Attorney General (J. Joseph Curran, Attorney General of Maryland, on the brief), Baltimore, for […]

120 A.2d 399 WILLIAMS v. DAWIDOWICZ ET AL. [No. 86, October Term, 1955.]Court of Appeals of Maryland. Decided February 13, 1956. APPEAL — In Tort Action — Defendant May Appeal From Judgment Against Him And Also From Judgment In Favor of His Co-defendant. A defendant in a suit to recover damages for personal injuries has […]

23 A.3d 896 Smith, Robyn v. State. Pet. Docket No. 115.Court of Appeals of Maryland. Denied July 11, 2011. Opinion of the Court of Special Appeals unreported (No. 1717, Sept. Term 2009). Petitions For Writ of Certiorari denied.

912 A.2d 648 Sterling v. Atlantic Auto. No. Pet. Docket No. 431 and cross-petition-both.Court of Appeals of Maryland. Granted December 14, 2006. Opinion of the Court of Special Appeals unreported (No. 2293, September Term 2004). Petitions for Writ of Certiorari granted.

875 A.2d 770 MICHAEL SR. LEE v. STATE. Pet. Docket No. 106.Court of Appeals of Maryland. Denied June 17, 2005. No. 929, Sept. Term 2003. Opinion of the Court of Special Appeals unreported. Petition for writ of certiorari denied.

663 A.2d 1271 STATE v. PURCELL September Term 1995Court of Appeals of Maryland. Decided August 24, 1995 Granted on the Motion of this Court. Pending in the Court of Special Appeals (No. 450, 1995 Term).

979 A.2d 708 Cooper v. Bowen. No. Pet. Docket No. 238.Court of Appeals of Maryland. Denied September 14, 2009. No. 7633-D, Circuit Court for Montgomery County Petitions for Writ of Certiorari and Dismissals of Appeals denied.

536 A.2d 665 ROBERT LEWIS WHITE v. STATE September Term, 1987Court of Appeals of Maryland. Decided February 10, 1988 Pet. Docket No. 473 — denied. Opinion (No. 333, 1987 Term, Court of Special Appeals) unreported.

590 A.2d 159 MARY ELLEN YOUNKER v. STATE September Term, 1991.Court of Appeals of Maryland. Decided May 24, 1991. Pet. Docket No. 46 — denied. Judge Bell did not participate in the consideration of this case. Opinion (No. 612, 1990 Term, Court of Special Appeals) unreported.

113 A.2d 891 JOHNS v. WARDEN OF MARYLAND PENITENTIARY [H.C. No. 26, October Term, 1954.]Court of Appeals of Maryland. Decided May 18, 1955. Certiorari denied 350 U.S. 918. HABEAS CORPUS — No Showing That Trial Witness Against Petitioner Committed Perjury, or That State’s Officers Knew of Any Perjured Testimony. An application for leave to appeal […]

666 A.2d 144 MISERANDINO v. RESORT PROPERTIES September Term 1995Court of Appeals of Maryland. Decided October 16, 1995 Pet. Docket No. 204 — granted. Opinion (No. 1352, 1994 Term, Court of Special Appeals) unreported.

879 A.2d 1086 BOAS v. GONZALES. Pet. Docket No. 191.Court of Appeals of Maryland. Denied August 12, 2005. Reported below: 162 Md.App. 344, 874 A.2d 491. Petition for writ of certiorari denied.

697 A.2d 913, 697 A.2d 914, 697 A.2d 915 YADEN v. MVA September Term 1997Court of Appeals of Maryland. Denied August 22, 1997 Pet. Docket No. 210 — denied. Dismissed by the Court of Special Appeals (PHC No. 797, 1996 Term).

655 A.2d 910 DAVID M. PIERCE v. STATE September Term 1994Court of Appeals of Maryland. Decided March 23, 1995 Pet.Docket No. 626 — denied. Opinion (No. 315, 1994 Term, Court of Special Appeals) unreported.

922 A.2d 573 Jaron Tyree Grade v. State. Pet. Docket No. 3 and cross-petition.Court of Appeals of Maryland. Granted May 9, 2007. Opinion of the Court of Special Appeals unreported (No. 2298, Sept. Term 2004). Petitions for writ of Certiorari both granted.

269 A.2d 620 VERNON v. AUBINOE ET AL. [No. 2, September Term, 1970.]Court of Appeals of Maryland. Decided October 12, 1970. CONFLICT OF LAWS — Where Plaintiff Gave Notice Pursuant To Maryland Code (1965 Repl. Vol.), Art. 35, § 47-53, Of Her Intention To Rely On Foreign Law And Case Was Accordingly Tried Under Law […]

903 A.2d 416 CALVIN PRESSLEY v. STATE. Pet. Docket No. 156.Court of Appeals of Maryland. Denied July 28, 2006. Post Conviction, No. 2233, Sept. Term 2005, Opinion of the Court of Special Appeals unreported. Petition for writ of certiorari denied.

13 A.3d 798 Breslin v. Powell. No. Pet. Docket No. 477.Court of Appeals of Maryland. Granted February 18, 2011. Petitions For Writ of Certiorari granted. Reported below: 195 Md.App. 340, 6 A.3d 360.

224 A.2d 456 ARMSTRONG ENTERPRISES, INC. v. THE CITIZENS BUILDING AND LOAN ASSOCIATION OF MONTGOMERY COUNTY, INC. [No. 522, September Term, 1965.]Court of Appeals of Maryland. Decided December 6, 1966. APPEAL — Motion To Dismiss Denied — Foreclosure Sale — Although No Appeal Was Taken Here From An Order Of Ratification Of The Auditor’s Report, […]

106 A.2d 692 BAKER ET AL. v. STATE (Six Appeals in One Record) [No. 170, October Term, 1953.]Court of Appeals of Maryland. Decided June 23, 1954. CRIMINAL LAW — Juvenile Delinquents Leaving Boys’ Village Without Authority — Properly Convicted under Escape Statute, Even Though Not Criminal Offenders. Appellants, who had been committed to Boys’ Village […]

684 A.2d 454 LOWERY, JULIUS v. STATE September Term 1996Court of Appeals of Maryland. Denied November 7, 1996 Pet. Docket No. 312 — denied. Post Conviction. Opinion of the Court of Special Appeals unreported (No. 63, 1996 Term).

404 A.2d 1027 ALLAN R. WASHABAUGH v. DOROTHY M. WASHABAUGH HAZEL D. DANIEL T/A MARYLAND-VIRGINIA CARPETS v. STEELE’S CARPET SERVICE, INC. [No. 89, September Term, 1978.] [No. 90, September Term, 1979.]Court of Appeals of Maryland. Decided July 13, 1979. CIRCUIT COURTS IN BANC — APPEAL — Procedure For Pursuing In Banc Appeal — When Constitutionally […]

918 A.2d 499 Wallace Jerome ROBEY v. STATE of Maryland. No. 90, September Term, 2006.Court of Appeals of Maryland. March 14, 2007. Appeal from the Circuit Court, Wicomico County, Davis, J. Page 450 Allison E. Pierce, Asst. Public Defender (Nancy S. Forster, Public Defender, on brief), for appellant. Cathleen C. Brockmeyer, Asst. Atty. Gen. (Douglas […]

206 A.2d 571 BROSIUS DEVELOPMENT CORP., ET AL. v. CITY OF HAGERSTOWN [No. 139, September Term, 1964.]Court of Appeals of Maryland. Decided February 3, 1965. STATUTES OF LIMITATIONS — Tolled By Sufficient Acknowledgment Of Subsisting Debt. In an action instituted on July 23, 1962, by the City of Hagerstown to recover from the defendants, owners […]

15 A.3d 298 East Coast Flooring v. TPC. No. Pet. Docket No. 576.Court of Appeals of Maryland. Denied March 21, 2011. Opinion of the Court of Special Appeals unreported (No. 2078, Sept. Term 2009). Petitions For Writ Of Certiorari denied.

512 A.2d 377 BENSON v. RAUSEO September Term, 1986Court of Appeals of Maryland. Decided July 24, 1986 Pet. Docket No. 203 — denied. Opinion (No. 1261, 1985 Term, Court of Special Appeals) unreported.

525 A.2d 636 ARROWHEAD FARM ESTATES v. STUEBER September Term, 1986Court of Appeals of Maryland. Decided May 21, 1987 Pet. Docket No. 1 (1987 Term) — denied.

734 A.2d 684 FREDERICK ANDREW BAILEY v. STATE OF MARYLAND No. 92, September Term, 1998Court of Appeals of Maryland. Filed: August 4, 1999 Reconsideration Denied August 26, 1999 Appeal from Circuit Court for Anne Arundel County, Case No. K-96-1300. Page 288 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

638 A.2d 752 JARBOE v. PRINCE GEORGE’S COUNTY September Term, 1993Court of Appeals of Maryland. Decided March 23, 1994 Pet. Docket No. 624 — denied. Opinion (No. 479, 1993 Term, Court of Special Appeals) unreported.

790 A.2d 11 Mukhtar Taha v. Southern Management Corporation No. 53, September Term, 2001Court of Appeals of Maryland. Filed: February 4, 2002 Circuit Court, Montgomery County, DeLawrence Beard, J., Vacated and remanded with directions. Page 565 James C. Strouse, Columbia (Forrest E. Mays, Annapolis; John W. Hermina, George W. Hermina, Hannibal G. Kemerer of Hermina […]

549 A.2d 10 STATE OF MARYLAND v. JOHN CLAYTON BITTINGER. No. 157, September Term, 1986.Court of Appeals of Maryland. October 31, 1988. Appeal from the Circuit Court, Worcester County, Theodore R. Eschenburg, J. Page 97 Norman L. Smith, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on the brief), Baltimore, for appellant. Jose Felipe […]

535 A.2d 921 JEROME EDWARD BUIE v. STATE September Term, 1987Court of Appeals of Maryland. Decided January 12, 1988 Pet. Docket No. 467 — granted.

910 A.2d 1061 Agarwal v. Netlinx. Pet. Docket No. 407.Court of Appeals of Maryland. November 13, 2006. Opinion of the Court of Special Appeals unreported (No. 1171, Sept. Term 2004). Petitions for Writ of Certiorari denied.

21 A.3d 1063 Jones, William v. State. Pet. Docket No. 75.Court of Appeals of Maryland. June 20, 2011. Opinion of the Court of Special Appeals unreported (No. 1118, Sept. Term 2009). Petitions For Writ Of Certiorari denied.

558 A.2d 1206 CITY OF ANNAPOLIS v. UNITED FOOD COMMERCIAL WORKERS, LOCAL 400 September Term, 1989Court of Appeals of Maryland. Decided June 7, 1989 Granted on Motion of this Court. Pending in the Court of Special Appeals (No. 17, 1989 Term).

906 A.2d 944 Virgil Ira McClung, v. State. Pet. Docket No. 243.Court of Appeals of Maryland. Denied September 15, 2006. Post Conviction, No. 2759, Sept. Term 2005, Opinion of the Court of Special Appeals unreported. Petitions for Writ of Certiorari denied.

582 A.2d 1225 SAMUEL R. OLSEN v. MAYOR AND CITY COUNCIL OF BALTIMORE ET AL. No. 10, September Term, 1989.Court of Appeals of Maryland. December 21, 1990. Appeal from the Circuit Court, Baltimore City, Robert I.H. Hammerman, J. Page 325 Anthony P. Palaigos (Blum, Yumkas, Mailman, Gutman Denick, P.A., on brief), Baltimore, for appellant. Sandra […]

140 A.2d 643 GRAY v. STATE [No. 222, September Term, 1957.]Court of Appeals of Maryland. Decided April 25, 1958. CRIMINAL LAW — Charge Must Characterize Crime and Describe Particular Offense — Informing Defendant of Accusation — Accusation by State Warrant. A criminal charge must characterize the crime and describe the particular offense so as to […]

735 A.2d 1096 CHARLES A. NELSON v. ALBERT CARROLL. No. 137, September Term, 1998.Court of Appeals of Maryland. August 26, 1999. Appeal from the Circuit Court for Baltimore City, Thomas Ward, J. Page 594 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]