Category: Court of Appeals Opinions

964 A.2d 676 Hagner v. Rivers. Pet. Docket No. 537.Court of Appeals of Maryland. Denied February 13, 2009. Reported below: 182 Md.App. 632, 959 A.2d 110. Petitions For Writ of Certiorari And Dismissals of Appeals. Petitions for Writ of Certiorari denied.

96 A.2d 7 NOEL v. STATE [No. 123, October Term, 1952.]Court of Appeals of Maryland. Decided April 17, 1953. SEARCHES AND SEIZURES — Affidavit Not Evidence at Trial — Evidence Not Restricted to Exact Date Mentioned in Indictment or Warrant. The affidavit upon which a search warrant is based is not evidence at the trial. […]

640 A.2d 1132 FOTI v. PEOPLES DRUG STORE September Term, 1993Court of Appeals of Maryland. Decided May 11, 1994 Pet. Docket No. 658 — denied. Opinion (No. 1472, 1992 Term, Court of Special Appeals) unreported.

626 A.2d 384 ALFRED MILLMAN LOHMAN, JR. v. MELVA LEE LOHMAN. No. 130, September Term, 1992.Court of Appeals of Maryland. June 25, 1993. Appeal from the Circuit Court, Prince George’s County, Richard J. Clark, J. Page 114 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

609 A.2d 312 FERGUSON TRENCHING CO. v. KIEHNE September Term, 1992Court of Appeals of Maryland. Decided July 21, 1992 Granted on Motion of this Court. Pending in the Court of Special Appeals (No. 229, 1992 Term).

25 A.3d 122 JERRY P. HANSEN v. CITY OF LAUREL, MARYLAND. No. 78, September Term, 2010.Court of Appeals of Maryland. Filed: July 15, 2011. Circuit Court for Prince George’s County, Case No. CAL08-25420. Bell, C.J., Harrell, Battaglia, Greene, Murphy, Adkins, Barbera, JJ. Opinion by HARRELL, J. The parties here challenge us to interpret the pre-suit […]

972 A.2d 859 Cooper, Today R. v. State. No. Pet. Docket No. 42.Court of Appeals of Maryland. Denied June 12, 2009. Opinion of the Court of Special Appeals unreported (No. 2233, Sept. Term 2006). Petitions for Writ of Certiorari denied.

586 A.2d 15 BETTY L. BRIGGEMAN, ET VIR. v. PHILLIP ALBERT, JR. No. 24, September Term, 1990.Court of Appeals of Maryland. February 26, 1991. Appeal from the Circuit Court for Howard County, Robert F. Fischer, J. Page 134 Michael I. Gilbert, Baltimore, for petitioners. Paul H. Ethridge (McCarthy, Wilson Ethridge, both on brief), Rockville, for […]

944 A.2d 516 STATE of Maryland v. Mahamu D. KANNEH. No. 94, September Term, 2007.Court of Appeals of Maryland. March 14, 2008. Appeal from the Circuit Court, Montgomery County, Katherine D. Savage, J. Page 679 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

272 A.2d 46 JORDAN ET AL. v. YANKEY [No. 205, September Term, 1970.]Court of Appeals of Maryland. Decided January 4, 1971. JURIES — VERDICTS — Where A Jury’s Verdict Does Not Specify The Dollar Amount Of Their Award For Compensatory Damages And This Verdict Has Not Yet Been Recorded, The Trial Judge Commits No Error […]

872 A.2d 45 ATTORNEY GRIEVANCE COMMISSION OF MARYLAND, Petitioner, v. Bruce Leslie RICHARDSON, Respondent. Misc. Docket AG No. 87 September Term, 2004.Court of Appeals of Maryland. April 7, 2005. ORDER Upon consideration of the Joint Petition for Disbarment by Consent filed here and pursuant to Maryland Rule 16-772, it is this 7th day of April, […]

341 A.2d 786 REEVES ET AL. v. REEVES [No. 58 (Adv.), September Term, 1975.]Court of Appeals of Maryland. Decided August 1, 1975. Appeal from the Circuit Court of Baltimore City (HOWARD, J.), pursuant to certiorari to the Court of Special Appeals. Bill of complaint for injunctive relief by Norman V.A. Reeves against James Reeves, Daniel […]

845 A.2d 579 Attorney Grievance Commission of Maryland, Petitioner v. Peter J. Sommer, ESQ., Respondent. Misc. Docket AG, No. 67, September Term 2003.Court of Appeals of Maryland. April 2, 2004 ORDER Upon consideration of the Joint Petition for Disbarment by Consent filed herein pursuant to Maryland Rule 16-772, it is this 2nd day of April, […]

608 A.2d 1222 BOARD OF SUPERVISORS OF ELECTIONS OF ANNE ARUNDEL COUNTY ET AL. v. RAYBURN H. SMALLWOOD ET AL. BALTIMORE COUNTY CITIZENS FOR REPRESENTATIVE GOVERNMENT, ET AL. v. BALTIMORE COUNTY, MARYLAND, ET AL. Nos. 71 72, September Term, 1990.Court of Appeals of Maryland. September 20, 1990 (Order). July 17, 1992 (Opinion). Petition from the […]

182 A.2d 783 WILLIAMS v. STATE [No. 341, September Term, 1961.]Court of Appeals of Maryland. Decided July 10, 1962. Motion for rehearing filed August 9, 1962, denied September 13, 1962. Certiorari denied, Supreme Court of the United States, May 20, 1963. SEARCHES AND SEIZURES — Removal Of Appellant To Police Station To Search His Person […]

522 A.2d 1344 BARRON MASON v. STATE OF MARYLAND. No. 152, September Term, 1986.Court of Appeals of Maryland. April 2, 1987. Petition from the Circuit Court, Audrey E. Melbourne, J. Page 216 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 217 Michael […]

487 A.2d 292 RALPH FRANCIS ALEXANDER, JR. v. STATE September Term, 1984Court of Appeals of Maryland. Decided February 5, 1985 Pet. Docket No. 516 — denied. (Circuit Court for Baltimore City).

293 A.2d 253 BAULSIR ET UX. v. SUGAR. [No. 372, September Term, 1971.]Court of Appeals of Maryland. Decided July 7, 1972. DIRECTED VERDICTS — APPEAL — Upon Review Of The Granting Of A Directed Verdict At The Conclusion Of Plaintiff’s Case, In Testing The Sufficiency Of The Evidence, All Evidentiary Conflicts Will Be Resolved In […]

185 A.2d 190 BRYANT v. STATE [No. 8, September Term, 1962.]Court of Appeals of Maryland. Decided October 23, 1962. CONFESSIONS — Made While Under The Influence Of Narcotics Did Not Render Confession Involuntary — No Error In Admitting It Into Evidence — Prosecution Sustained Burden Of Proof That Confession Was Voluntary. In the instant case […]

697 A.2d 1334 STATE OF MARYLAND, ET AL. v. BOARD OF EDUCATION OF MONTGOMERY COUNTY. No. 41, September Term, 1997.Court of Appeals of Maryland. June 26, 1997. Reconsideration Denied August 22, 1997. Petition for review from the Circuit Court for Montgomery County, James McAuliffe, J. Reversed; remanded with directions. Page 634 Lawrence P. Fletcher-Hill, Assistant […]

524 A.2d 1234 DAVID WILKINS v. INMATE GRIEV. COMM’N September Term, 1986Court of Appeals of Maryland. Decided May 7, 1987 Pet. Docket No. 612 — denied. Guilty Plea (Misc. No. 90, 1986 Term, Court of Special Appeals) unreported.

617 A.2d 215 DELMAR WILLIAM PATRICK, III v. STATE OF MARYLAND. No. 24, September Term, 1992.Court of Appeals of Maryland. December 30, 1992. Appeal from the Circuit Court, Cecil County, Edward D.E. Rollins, Jr., J. Page 25 Michael R. Bruades, Asst. Public Defender (Stephen E. Harris, Public Defender, and Gina M. Serra, Asst. Public Defender, […]

236 A.2d 726 FRANCE, ET AL. v. SHAPIRO, ET AL. [No. 708, September Term, 1966.]Court of Appeals of Maryland. Decided January 3, 1968. Motion for rehearing filed February 1, 1968; denied February 5, 1968. ZONING — Strong Presumption Of Correctness Of Original Zoning — Evidence Of Mistake Must Be Strong To Overcome Presumption. p. 342 […]

983 A.2d 432 Presco, Ronald Jerome v. State. Pet. Docket No. 315.Court of Appeals of Maryland. Denied November 13, 2009. Opinion of the Court of Special Appeals unreported (No. 1674, Sept. Term 2007). Petitions for Writ of Certiorari denied.

126 A.2d 573 SHAFFER v. WARDEN OF MARYLAND HOUSE OF CORRECTION [H.C. No. 17, October Term, 1956.]Court of Appeals of Maryland. Decided November 2, 1956. HABEAS CORPUS — Speech Defect as Allegedly Causing Plea to Be Misunderstood. There was no merit to a contention by petitioner for a writ of habeas corpus that he pleaded […]

525 A.2d 636 ARUNDEL BEDDING CORP. v. T.J.B. ET AL. September Term, 1986Court of Appeals of Maryland. Decided May 21, 1987 Pet. Docket No. 148 (1987 Term) — denied. Pending in Court of Special Appeals (No. 1690, 1986 Term).

564 A.2d 1182 LOYOLA FEDERAL SAV. LOAN v. STATE DEP’T OF ASSESSMENTS September Term, 1989Court of Appeals of Maryland. Decided October 20, 1989 Pet. Docket No. 302 — denied.

141 A.2d 592 GNAU ET UX. v. KINLEIN ET AL. [No. 230, September Term, 1957.]Court of Appeals of Maryland. Decided May 20, 1958. RESTRICTIVE COVENANTS — Whether Personal Or Binding On Successors And Whether Grantor Intended To Bind Land Retained, Question Of Intention — Intention To Bind Land Found — Common Scheme Of Development — […]

271 A.2d 692 ROSENBERG v. MANAGER OF THE UNSATISFIED CLAIM AND JUDGMENT FUND BOARD [No. 146, September Term, 1970.]Court of Appeals of Maryland. Decided December 15, 1970. UNSATISFIED CLAIM AND JUDGMENT FUND LAW — Unidentified Vehicle — The Purpose Of Code, Article 66 1/2, Section 168 Was To Outline Procedure By Which Victim Of Hit […]

548 A.2d 128 ROBINSON v. PLEET September Term, 1988Court of Appeals of Maryland. Decided October 11, 1988 Pet.Docket No. 311 — denied.

175 A.2d 578 SNYDER v. WARDEN OF MARYLAND PENITENTIARY [App. No. 35, September Term, 1961.]Court of Appeals of Maryland. Decided November 20, 1961. POST CONVICTION PROCEDURE ACT — Grounds Which Either Were Raised In Original Post Conviction Petition, Or Which Reasonably Could Have Been Raised, Are No Longer Grounds For Relief Under Act. p. 645 […]

121 A.2d 181 KROEN ET AL. v. BOARD OF ZONING APPEALS OF BALTIMORE COUNTY ET AL. [No. 122, October Term, 1955.]Court of Appeals of Maryland. Decided March 16, 1956. ZONING — Judicial Review Restricted — What Necessary To Show For Successful Attack On Ordinance — Presumption of Reasonableness And Validity — Reclassification — Proof Of […]

634 A.2d 46 BRYAN WALTER COX v. STATE September Term, 1993Court of Appeals of Maryland. Decided December 8, 1993 Pet. Docket No. 436 — denied. Opinion (No. 1816, 1992 Term, Court of Special Appeals) unreported.

703 A.2d 147 BULLOCK, DELONTA v. STATE September Term 1997Court of Appeals of Maryland. Denied December 10, 1997 Pet. Docket No. 386 — denied. Opinion of the Court of Special Appeals unreported (No. 1823, 1996 Term).

614 A.2d 973 MAYOR AND COUNCIL OF BERLIN v. DELMARVA POWER LIGHT CO. AND PUBLIC SERVICE COMM’N September Term, 1992Court of Appeals of Maryland. Decided November 10, 1992 Pet. Docket No. 475 — denied. Pending in the Court of Special Appeals (No. 1094, 1992 Term). Page 447

530 A.2d 272 GRAMMER v. BOVEE September Term, 1987Court of Appeals of Maryland. Decided September 9, 1987 Pet. Docket No. 214 — denied. Opinion (No. 1367, 1986 Term, Court of Special Appeals) unreported.

46 A.2d 97 JOHN A. RIGGS ET AL. v. SAFE DEPOSIT TRUST COMPANY OF BALTIMORE CITY [No. 58, October Term, 1945.]Court of Appeals of Maryland. Decided March 13, 1946. Wills — Caveat — Issues, How Formed — Understanding Contents of Will. Issues sent from an orphans’ court to a court of law for trial are […]

141 A.2d 749 WEINER v. SWALES ET AL. [No. 237, September Term, 1957.]Court of Appeals of Maryland. Decided May 23, 1958. ATTORNEYS — Commissions In Confessed Judgment Note — Where Judgment Creditor, An Attorney, Acts For Himself, Not Collectible — Where Included In Judgment May Be Stricken Therefrom, On Motion Filed After Judgment Entered. In […]

349 A.2d 245 SHILKRET, INFANT, ETC. ET AL. v. THE ANNAPOLIS EMERGENCY HOSPITAL ASSOCIATION, ETC. ET AL. [No. 7, September Term, 1975.]Court of Appeals of Maryland. Decided October 8, 1975. NEGLIGENCE — Medical Malpractice — Standard Of Care By Physicians And Hospital — “Strict Locality” Rule Rejected — Physicians And Hospital Have Duty To Use […]

664 A.2d 885 DIONNE CHEVELLE BROOKS v. STATE September Term 1995Court of Appeals of Maryland. Decided September 13, 1995 Pet. Docket No. 149 — denied.

225 A.2d 648 WEISNER ET AL. v. MAYOR AND COUNCIL OF ROCKVILLE [No. 489, September Term, 1965.]Court of Appeals of Maryland. Decided January 20, 1967. MUNICIPAL CORPORATIONS — Maintenance Of Public Streets And Sidewalks — Municipality, Though Not An Insurer, Owes A Duty To Keep Sidewalks Free Of Dangerous Conditions Of Which It Has Actual […]

711 A.2d 1330 INFORMED PHYSICIAN SERVICES, INC. v. BLUE CROSS AND BLUE SHIELD OF MARYLAND, INC. No. 130, September Term, 1997.Court of Appeals of Maryland. June 26, 1998. Reconsideration Denied July 28, 1998. Petition from the Circuit Court, Baltimore County, John F. Fader, J. Page 309 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

627 A.2d 538 JERRY RUCKER v. STATE September Term, 1993Court of Appeals of Maryland. Decided July 21, 1993 Pet. Docket No. 93 — denied. Opinion (No. 923, 1992 Term, Court of Special Appeals) unreported.

283 A.2d 577 MANN AND OSBORNE T/A HARFORD SOD COMPANY v. PHILIP VIZZINI SON, INC. [No. 65, September Term, 1971.]Court of Appeals of Maryland. Decided November 15, 1971. TRIALS — APPEAL — Findings Of Fact Made By The Trial Judge Sitting Without A Jury Will Not Be Disturbed Unless Clearly Erroneous — Maryland Rule 886. […]

270 A.2d 660 FOWLER v. BOARD OF SUPERVISORS OF ELECTIONS FOR PRINCE GEORGE’S COUNTY [No. 335, September Term, 1970.]Court of Appeals of Maryland. Per Curiam Order October 19, 1970. Opinion Filed November 16, 1970. ELECTIONS — Validity — Standing To Challenge Validity Of Election — Taxpayer Can Seek Aid Of Equity Court To Enjoin Invalid […]

548 A.2d 845 KEVIN WALTER WARFIELD v. STATE September Term, 1988Court of Appeals of Maryland. Decided October 26, 1988 Pet. Docket No. 313 — granted.

656 A.2d 771 ATLANTIC STATES INSURANCE v. SMITH September Term 1994Court of Appeals of Maryland. Decided April 12, 1995 Pet.Docket No. 666 — denied. Opinion (No. 531, 1994 Term, Court of Special Appeals) unreported.

561 A.2d 216 STATE v. GREGORY C. LEMMON September Term, 1989Court of Appeals of Maryland. Decided July 25, 1989 Pet. Docket No. 128 — granted. Opinion (No. 1070, 1988 Term, Court of Special Appeals) unreported.

52 A.2d 910 WILLIAM F. LICKLE v. MARGARET LEE LICKLE [No. 118, October Term, 1946.]Court of Appeals of Maryland. Decided May 14, 1947. Divorce — Adultery — Evidence — Appeal. Adultery as a ground for divorce need not be proved beyond a reasonable doubt. p. 407 Proof of the charge of adultery in a divorce […]

415 A.2d 255 BOBBY CHEEKS ET AL. v. THE CEDLAIR CORPORATION ET AL. [No. 114, September Term, 1979.]Court of Appeals of Maryland. Decided June 3, 1980. CHARTERED COUNTIES — Baltimore City — Home Rule Amendment — Article XI-A Of Maryland Constitution Grants Limited Powers Of Self-Government To Chartered Counties And Baltimore City — Express Powers […]

28 A.3d 644 Geyer, William August III v. State. Pet. Docket No. 191.Court of Appeals of Maryland. September 19, 2011. Opinion of the Court of Special Appeals unreported (No. 1616, Sept. Term 2009). Petition For Writ of Certiorari denied.

69 A.2d 486 KALIS v. SHOR [No. 26, October Term, 1949.]Court of Appeals of Maryland. Decided November 11, 1949. Specific Performance — Contract Must Be Free and Clear From Ambiguity — Contract Not Uncertain Because No Schedule of Personal Property Included Where Such Property On Exhibition At Time of Sale and Such Property Was Set […]

503 A.2d 252 GREGORY LEON BATTLE v. STATE September Term, 1985Court of Appeals of Maryland. Decided January 30, 1986 Pet. Docket No. 511 — denied.

6 A.3d 905 Rhoda v. FDIC. No. Pet. Docket No. 309.Court of Appeals of Maryland. October 22, 2010. Opinion of the Court of Special Appeals unreported (No. 1758, Sept. Term 2007). Petitions for writ of Certiorari denied.

950 A.2d 828 White, Arthur Franklin Jr. v. State. No. Pet. Docket No. 105, September Term, 2008.Court of Appeals of Maryland. Granted June 19, 2008. Appeal from the Opinion of the Court of Special Appeals unreported (No. 1735, Sept. Term 2006). Petitions for Writ of Certiorari, granted.

6 A.3d 905 Hargrave v. Inmate Grievance. No. Pet. Docket No. 280.Court of Appeals of Maryland. October 22, 2010. Dismissed by the Court of Special Appeals (Inmate Grievance, No. 96, Sept. Term 2010). Petitions for writ of Certiorari denied.

956 A.2d 202 McCready v. Long Fence. No. Pet. Docket No. 243.Court of Appeals of Maryland. Denied September 12, 2008. (No. 7263, Circuit Court for Montgomery County). Petitions for Writ of Certiorari. denied.

157 A.2d 119 GREENWALD v. STATE [No. 43, September Term, 1959.]Court of Appeals of Maryland. Decided January 12, 1960. Appeal dismissed for want of a properly presented substantial federal question, 363 U.S. 721. CRIMINAL LAW — Evidence Of Prior Crimes — Kinds Admissible — General Rule Applicable To Conspiracy. To aid in proof of the […]

297 A.2d 244 MAIETTA ET AL. D/B/A MAIETTA TRUCKING CO. ETC. v. GREENFIELD ET AL., CO-PARTNERS T/A URBAN DEVELOPMENT CO. AND ASSOCIATES ET AL. [No. 75, September Term, 1972.]Court of Appeals of Maryland. Decided December 7, 1972. ARBITRATION — APPEAL — An Order Directing Parties To Proceed To Arbitration Is A Non-Appealable, Interlocutory Order — […]

520 A.2d 1328 BERNARD S. ANDERSON v. STATE September Term, 1986Court of Appeals of Maryland. Decided March 2, 1987 Pet. Docket No. 487 — denied. Post Conviction (No. 32, 1986 Term, Court of Special Appeals) unreported.

156 A.2d 225 SECOR, ADMINISTRATOR v. BROWN [No. 80, September Term, 1959.]Court of Appeals of Maryland. Decided December 14, 1959. SILENCE — In Face of Accusation — Does Not Always Permit Inference Statement Is True. Mere silence in the face of an accusation does not always permit an inference of guilt, or that the statement […]

206 A.2d 243 GOPSHES v. WARDEN OF MARYLAND HOUSE OF CORRECTION [App. No. 75, September Term, 1964.]Court of Appeals of Maryland. Decided January 7, 1965. POST CONVICTION PROCEDURE ACT — Alleged Ineptness Of Trial Counsel — Calling Defendant As Witness In Own Defense — Whether Defendant Takes Stand Is Matter Of Trial Tactics, And He […]

230 A.2d 86 NATIONAL GUILD INSURANCE COMPANY v. JOHNS [No. 368, September Term, 1966.]Court of Appeals of Maryland. Decided June 2, 1967. INSURANCE — Automobile — After Accident, Insurer Was Free To Rely On Material Misrepresentation As A Defense To Liability Under Its Policy And Should Have Been Given An Opportunity To Prove Its Allegations […]

21 A.3d 1098 MARYLAND TRANSPORTATION AUTHORITY v. MARYLAND TRANSPORTATION AUTHORITY POLICE LODGE # 34 OF THE FRATERNAL ORDER OF POLICE. No. 131, September Term, 2010.Court of Appeals of Maryland. June 20, 2011. Appeal from the Circuit Court, Baltimore County, Lawrence R. Daniels, J. Page 142 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

921 A.2d 258 In re LAKESHIA M. No. 96, September. Term, 2006.Court of Appeals of Maryland. April 16, 2007. Appeal from the Circuit Court, Washington County, Frederick C. Wright, III, J. Page 552 Allison E. Pierce, Assistant Public Defender (Nancy S. Forster, Public Defender, Adrienne Dixon, Rule 16 Student Attorney, on brief), Baltimore, MD, for […]

648 A.2d 202 BRYANT-EL v. OFFICE OF FINANCE OF BALTIMORE COUNTY September Term 1994Court of Appeals of Maryland. Decided October 19, 1994 Pet. Docket No. 280 — denied. (No. 2605, Circuit Court for Baltimore County).

626 A.2d 972 KRONOS PROPERTY HOLDINGS, N.V. v. MURRAY SIEDEL, P.A. ET AL. No. 10, September Term, 1993.Court of Appeals of Maryland. June 29, 1993. Lee Baylin (Francomano Karpook, P.A., all on brief), Baltimore, for petitioner. Millard D. Bloom (Sibrea and Bloom, all on brief), Towson, for respondent. Page 188 Argued before MURPHY, C.J., and […]

531 A.2d 682 DARGIS v. McMURTRY September Term, 1987Court of Appeals of Maryland. Decided October 7, 1987 Granted on Motion of this Court. Pending in Court of Special Appeals (No. 705, 1987 Term).

197 A.2d 258 KURTZ v. WARDEN OF THE MARYLAND HOUSE OF CORRECTION [App. No. 32, September Term, 1963.]Court of Appeals of Maryland. Decided February 14, 1964. George Martin Kurtz instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal. Application denied. Before BRUNE, C.J., […]

704 A.2d 1243 SEARS, ROEBUCK v. GUSSIN September Term 1997Court of Appeals of Maryland. Granted January 30, 1998 Granted on the motion of this Court. (No. 1401, September Term 1997, Court of Special Appeals).

534 A.2d 369 SAGA LTD. PARTNERSHIP v. HUGHES September Term, 1987Court of Appeals of Maryland. Decided December 15, 1987 Pet. Docket No. 343 — denied. Motion for order of appeal denied in Court of Special Appeals (PHC No. 880, 1986 Term). Page 302