Category: Court of Appeals Opinions

483 A.2d 37 GEORGE McCULLOUGH v. STATE September Term, 1984Court of Appeals of Maryland. Decided October 31, 1984 Pet. Docket No. 393 — denied. Post Conviction (No. 44, 1984 Term, Court of Special Appeals) unreported.

140 A.2d 643 POOLE v. WARDEN OF MARYLAND HOUSE OF CORRECTION [H.C. No. 117, September Term, 1957.]Court of Appeals of Maryland. Decided April 29, 1958. HABEAS CORPUS — Constitutional Rights — No Denial of. In the instant habeas corpus proceeding, the court ruling on the petition below properly determined that petitioner had not been denied […]

637 A.2d 1191 BRADSHAW v. POWELL September Term, 1993Court of Appeals of Maryland. Decided March 9, 1994 Pet. Docket No. 584 — denied. (No. CAL92-12937, Circuit Court for Prince George’s County).

481 A.2d 801 LLOYD K. COOPER v. STATE September Term, 1984Court of Appeals of Maryland. Decided October 2, 1984 Pet. Docket No. 293 — denied. Opinion (No. 1277, 1983 Term, Court of Special Appeals) unreported.

711 A.2d 867, 711 A.2d 868, 711 A.2d 869, 711 A.2d 870, 711 A.2d 871 JOHNSON, SAMUEL v. STATE September Term 1998Court of Appeals of Maryland. Denied June 25, 1998 Pet. Docket No. 75 — denied. Opinion of the Court of Special Appeals unreported (No. 915, Sept. Term 1997).

553 A.2d 690 JOHNSON v. STATE September Term, 1988Court of Appeals of Maryland. Decided, February 27, 1989 Pet. Docket No. 500 — denied. Opinion (No. 419, 1988 Term, Court of Special Appeals) unreported.

949 A.2d 652 Jones v. Rosenberg. No. Pet. Docket No. 29.Court of Appeals of Maryland. Granted June 13, 2008. Opinion of the Court of Special Appeals unreported (No. 124, Sept. Term 2007). Petitions for Writ of Certiorari denied.

658 A.2d 687 JONG S. PARK, ET AL. v. BOARD OF LIQUOR LICENSE COMMISSIONERS FOR BALTIMORE CITY. No. 106, September Term, 1994.Court of Appeals of Maryland. May 26, 1995. Page 367 Appeal from the Circuit Court, Baltimore City, Andre M. Davis, J. Page 368 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

667 A.2d 341 ANTOINE HORNE v. STATE September Term 1995Court of Appeals of Maryland. Decided November 22, 1995 Pet. Docket No. 334-denied. Opinion (No. 1785, 1994 Term, Court of Special Appeals) unreported.

558 A.2d 390 ANTHONY TYRONE HAWKINS v. STATE September Term, 1989Court of Appeals of Maryland. Decided May 31, 1989 Pet. Docket No. 10 — granted. Opinion (No. 607, 1988 Term, Court of Special Appeals) unreported.

525 A.2d 1075 SEVERN SAVINGS ASS’N OF ANNAPOLIS v. FAIRFAX SAVINGS ASS’N September Term, 1987Court of Appeals of Maryland. Decided June 4, 1987 Pet. Docket No. 18 — denied. Opinion (No. 879, 1986 Term, Court of Special Appeals) unreported.

1 A.3d 469 Shanklin, David v. State. No. Pet. Docket No. 176.Court of Appeals of Maryland. August 23, 2010. Opinion of the Court of Special Appeals unreported (No. 2389, Sept. Term 2008). Petitions for writ of Certiorari denied.

50 A.2d 799 BETHLEHEM-SPARROWS POINT SHIPYARD, INC. v. JAMES DAMASIEWICZ [No. 40, October Term, 1946]Court of Appeals of Maryland. Decided January 9, 1947. Workmen’s Compensation — Permanent Partial Disability — Percentage of Disability — Issue As to Amount of Compensation — Disfigurement. In workmen’s compensation proceeding wherein permanent partial disability is conceded, the issue submitted […]

566 A.2d 102 RITCHIE v. DONNELLY September Term, 1989Court of Appeals of Maryland. Decided November 28, 1989 Pet. Docket No. 365 — granted. Opinion (No. 1328, 1988 Term, Court of Special Appeals) unreported.

109 A.2d 128 MASON v. WRIGHTSON [No. 18, October Term, 1954.]Court of Appeals of Maryland. Decided November 16, 1954. SEARCHES AND SEIZURES — 4th. Amend., U.S. Const., Not Applicable To Search By State Police Officer. The Fourth Amendment to the Constitution of the United States, which prohibits unreasonable searches and seizures, is not applicable to […]

979 A.2d 167 ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Mina BAHGAT. Misc. Docket AG No. 20, September Term, 2008.Court of Appeals of Maryland. September 3, 2009. Gail D. Kessler, Asst. Bar Counsel (Melvin Hirshman, Bar Counsel for Atty. Grievance Com’n), for Petitioner. No argument on behalf of Respondent. Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, […]

196 A.2d 458 TONEY SCHLOSS PROPERTIES CORPORATION v. UNION FEDERAL SAVINGS AND LOAN ASSOCIATION [No. 102, September Term, 1963.]Court of Appeals of Maryland. Decided January 6, 1964. MORTGAGES — For Future Advances — Construction Mortgage In This Case Held Not To Be, Where Lender Paid Full Amount Of Money Loaned To Borrower, Which Turned It […]

857 A.2d 65 Erika Elaine SIFRIT v. STATE of Maryland No. 139, September Term, 2003.Court of Appeals of Maryland. August 27, 2004. Appeal from the Circuit Court, Frederick County, Dwyer, J. Page 78 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 79 […]

217 A.2d 647 BONNIE VIEW COUNTRY CLUB, INC. v. GLASS [No. 238, September Term, 1965.]Court of Appeals of Maryland. Decided March 22, 1966. APPEAL — Motion To Dismiss, Denied, Where Record Extract, As Supplemented By Appellee, Was Sufficient. p. 48 ZONING — Presumptions Of Correctness — Comprehensive Zoning Or Rezoning — Piecemeal Rezoning — Judicial […]

948 A.2d 71 Massey v. Department of Corrections. No. Pet. Docket No. 10.Court of Appeals of Maryland. Denied May 9, 2008. Opinion of the Court of Special Appeals unreported (Inmate Grievance, No. 749, Sept. Term 2006). Denied May 9, 2008. Petitions for Writ of Certiorari denied.

384 A.2d 58 CRIMINAL INJURIES COMPENSATION BOARD v. BETTY ALLEN REMSON ET AL. [No. 121, September Term, 1977.]Court of Appeals of Maryland. Decided March 23, 1978. APPEAL — Final Judgment Rule — Appeal From Criminal Injuries Compensation Board — Circuit Court Decision That “Family” Of Assailant Proscription Did Not Bar Award To Claimant Was Final […]

584 A.2d 67 ANTHONY MALONE ARMSTRONG v. STATE September Term, 1990Court of Appeals of Maryland. Decided January 23, 1991 Pet. Docket No. 496 — denied. Judge Karwacki did not participate in the consideration of this case. Opinion (No. 1832, 1989 Term, Court of Special Appeals) unreported.

936 A.2d 862 Terrance PARKER v. STATE of Maryland. No. 37, September Term, 2006.Court of Appeals of Maryland. December 6, 2007. Appeal from the Circuit Court, Baltimore City, Althea M. Handy, J. Page 373 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

648 A.2d 204 WASHINGTON I. TRICE v. STATE September Term 1994Court of Appeals of Maryland. Decided October 19, 1994 Pet. Docket No. 273 — denied. Opinion (No. 1528, 1993 Term, Court of Special Appeals) unreported.

267 A.2d 98 GORDON v. MAYOR AND CITY COUNCIL OF BALTIMORE, ET AL. [No. 37 (Adv.), September Term, 1970.]Court of Appeals of Maryland. Decided July 9, 1970. Motion for rehearing filed July 31 1970; denied August 17, 1970. TAXPAYERS’ SUITS — Baltimore City Taxpayer Had Standing To Bring Suit To Enjoin Transfer Of Books From […]

207 A.2d 451 LePORE v. GULF OIL CORPORATION AND WALTERS [No. 157, September Term, 1964.]Court of Appeals of Maryland. Decided March 3, 1965. TORTS — Committed By Employee On Third Person While Collecting Employer’s Debt — Responsibility Of Employer — No Liability Found Here. The question presented in the instant case was whether an employer […]

872 A.2d 48 Scott C. BREWER v. Walter L. BREWER, Jr., Personal Representative of the Estate of May C. Brewer. No. 67, September Term, 2004.Court of Appeals of Maryland. April 8, 2005. Reconsideration Denied May 10, 2005. Appeal from the Orphans’ Court, Baltimore County, Lawler, Ensor, Butta, JJ. Page 184 Curtis C. Coon (John C. […]

185 A.2d 360 NUTTER ET AL. v. MAYOR CITY COUNCIL OF BALTIMORE AND NON-PROFIT HOUSING COMPANY OF BALTIMORE, INC. [No. 179, September Term, 1962.]Court of Appeals of Maryland. Decided November 6, 1962. Motion for reconsideration and rehearing filed November 30, 1962, denied December 3, 1962. ZONING — Permit For Variance — Should Be Obtained And […]

668 A.2d 33 MAYOR AND CITY COUNCIL OF BALTIMORE ET AL. v. COMMITTEE ON LEGISLATIVE INVESTIGATIONS OF THE CITY COUNCIL OF BALTIMORE. No. 88 September Term, 1995.Court of Appeals of Maryland. December 8, 1995. Page 24 Petition from the Circuit Court for Baltimore City, Thomas Ward, J. Burton H. Levin, Senior Solicitor (Neal M. Janey, […]

267 A.2d 148 MORRIS, INFANT, BY MARVIS W. MORRIS, HER MOTHER AND NEXT FRIEND, ET AL. v. WILLIAMS [No. 421, September Term, 1969.]Court of Appeals of Maryland. Decided July 8, 1970. AUTOMOBILES — Darting Out — Where Child Is Struck By Automobile In An Area Of Street Where Vehicles Normally Have Right Of Way, Some […]

132 A.2d 460 SHOOK v. SHOOK ET AL. [No. 216, October Term, 1956.]Court of Appeals of Maryland. Decided June 7, 1957. TRUSTS — Bank Account, “A, in trust for himself and B, joint owners”, etc., Indicates Intention To Create Trust Under Which Survivor Takes — Rebuttable Presumption — Burden Of Proof. The following form of […]

524 A.2d 92 GABLE v. COLONIAL INS. CO. OF CALIFORNIA September Term, 1986Court of Appeals of Maryland. Decided April 22, 1987 Pet. Docket No. 590 — granted. (No. 86 CG 3843, Circuit Court for Baltimore County).

304 A.2d 826 BUCK, INDIV. AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF OLIVER G. BUCK v. FOLKERS [No. 307, September Term, 1972.]Court of Appeals of Maryland. Decided May 29, 1973. APPEAL — Decision Of Court En Banc Is Conclusive, Final And Non-Appealable By Party Who Sought The En Banc Review And As To That […]

925 A.2d 634 Barsh v. Central Collection. Pet. Docket No. 93.Court of Appeals of Maryland. Denied June 15, 2007. (No. 22-C-06-001639, Circuit Court for Wicomico County). Petitions for writ of Certiorari denied.

484 A.2d 274 KIRGAN v. PARKS September Term, 1984Court of Appeals of Maryland. Decided December 4, 1984 Pet. Docket No. 436 — denied.

451 A.2d 1224 INSTITUTIONAL MANAGEMENT CORPORATION v. CUTLER COMPUTER CONCEPTS, INC. [No. 132, September Term, 1981.]Court of Appeals of Maryland. Decided November 12, 1982. Motion for reconsideration filed November 23, 1982; opinion modified, and as modified motion denied December 17, 1982. APPEAL — Final Judgment — Order Of Appeal Timely Filed Subsequent To The Entry […]

55 A.2d 485 ROBERT WHITLOCK SNYDER v. STATE OF MARYLAND [No. 7, October Term, 1947.]Court of Appeals of Maryland. Decided November 3, 1947. Infants — Juvenile Courts — Jurisdiction — Crimes — Punishable by Death or Confinement in the Penitentiary — Statutory Construction. The jurisdiction given to the Magistrate for Juvenile Causes in Montgomery County […]

607 A.2d 921 ANTONIO M. JONES v. STATE September Term, 1992Court of Appeals of Maryland. Decided June 18, 1992 Pet. Docket No. 52 — denied. Opinion (No. 601, 1991 Term, Court of Special Appeals) unreported.

943 A.2d 1245 Lavecchia v. Dausch. No. Pet. Docket No. 403.Court of Appeals of Maryland. Denied March 14, 2008. No. 07-C-02-000287, Circuit Court for Cecil County. Denied March 14, 2008. Petitions for Writ of Certiorari denied.

351 A.2d 421 HOLLANDER ET AL. v. LUBOW [No. 107, September Term, 1975.]Court of Appeals of Maryland. Decided February 11, 1976. Motion for reconsideration filed March 8, 1976; denied March 19, 1976. Certiorari denied, Supreme Court of the United States, June 14, 1976. SUMMARY JUDGMENTS — In Favor Of Opposing Party — Cross-Motion For Summary […]

92 A.2d 449 CARROLL v. WARDEN OF MARYLAND PENITENTIARY [H.C. No. 14, October Term, 1953.]Court of Appeals of Maryland. Decided November 11, 1952. HABEAS CORPUS — 3rd Application On Same Grounds. A third application for leave to appeal from a refusal of the writ o habeas corpus on the same grounds as the first and […]

732 A.2d 876 ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. PAMELA LOUISE SHAW Misc. Docket AG No. 75, SEPTEMBER TERM, 1997Court of Appeals of Maryland. Filed: July 9, 1999 Page 637 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 638 [EDITORS’ NOTE: THIS […]

501 A.2d 43 STATE OF MARYLAND v. RICHARD W. WYAND, SR., ROY MILLER SNYDER, JR. AND ALBERT L. BRYAN. No. 48, September Term, 1985.Court of Appeals of Maryland. December 13, 1985. Certiorari denied, Supreme Court of the United States, March 31, 1986. Page 722 C.J. Messerschmidt and Dennis M. Sweeney, Asst. Attys. Gen. (Stephen H. […]

980 A.2d 482 Smith, Thomas v. State. No. Pet. Docket No. 265.Court of Appeals of Maryland. Granted October 5, 2009. Petitions For writ of Certiorari and Dismissals of Appeals Granted. Reported below: 186 Md.App. 498, 974 A.2d 991.

471 A.2d 745 LARRY THOMPSON v. STATE September Term, 1983Court of Appeals of Maryland. Decided February 21, 1984 Pet. Docket No. 585 — denied. Opinion (No. 31, 1983 Term, Court of Special Appeals) unreported.

915 A.2d 991 STORETRAX.COM, INC. v. Joshua GURLAND. No. 40, September Term, 2006.Court of Appeals of Maryland. February 6, 2007. Appeal from the Circuit Court for Montgomery County, Durke G. Thompson, J. Page 38 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

898 A.2d 1005 PAYNE v. MERRILL LYNCH. Pet. Docket No. 622.Court of Appeals of Maryland. Denied May 12, 2006. No. 2231, Sept. Term 2004, Opinion of the Court of Special Appeals unreported. Petition for writ of certiorari denied.

772 A.2d 1209 CALVERT COUNTY PLANNING COMMISSION v. HOWLIN REALTY MANAGEMENT, INC. No. 61, September Term, 2000Court of Appeals of Maryland. Filed: June 4, 2001 Page 302 Circuit Court for Calvert County; Case Nos. 4C98363AA 4C98388. Judgment of Court of Special Appeals reversed and case remanded with instructions. Page 303 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

727 A.2d 369 MARY HAUB, ET AL. v. MONTGOMERY COUNTY, MARYLAND No. 132, September Term, 1996Court of Appeals of Maryland. Filed: April 9, 1999 Appeal from the Circuit Court, Montgomery County, James C. Chapin, J. Page 449 William W. Thompson, II (Zwerdling, Paul, Leibig, Kahn, Thompson Wolly, P.C., on brief), Washington, DC, for appellants. Edward […]

697 A.2d 913, 697 A.2d 914, 697 A.2d 915 DEPT. OF CORRECTIONS v. THOMPSON September Term 1997Court of Appeals of Maryland. Granted August 27, 1997 Pet. Docket No. 241 — granted. Opinion of the Court of Special Appeals unreported (No. 702, 1996 Term).

693 A.2d 814 ATTORNEY GRIEVANCE COMMISSION OF MARYLAND, v. ANGUS E. FINNEY. Misc. Docket AG, No. 17 September Term, 1997.Court of Appeals of Maryland. May 9, 1997. ORDER Upon consideration of the Consent to Disbarment from the practice of law filed by Angus E. Finney, in accordance with Maryland Rule 16-712 d2, and the written […]

669 A.2d 1361 RONALD A. ROYSTER v. STATE September Term 1995Court of Appeals of Maryland. Denied January 18, 1996 Pet. Docket No. 514 — denied. Opinion (No. 74, 1995 Term, Court of Special Appeals) unreported.

538 A.2d 1172 TOM J. BILLMAN ET AL. v. MARYLAND DEPOSIT INSURANCE FUND CORPORATION ET AL. No. 123, September Term, 1987.Court of Appeals of Maryland. March 28, 1988. Appeal from the Circuit Court, Montgomery County, Joseph H.H. Kaplan, J. Page 129 John R. Fornaciari, P.C. (Robert E. Hebda, Robert M. Disch and Steele Fornaciari, all […]

708 A.2d 680 ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. EDWARD BRADLEY. Misc. AG No. 7, September Term, 1998.Court of Appeals of Maryland. April 7, 1998. ORDER This matter came before the Court on the joint petition of the Attorney Grievance Commission of Maryland and the Respondent, Edward Bradley, to suspend the Respondent indefinitely from the […]

483 A.2d 67 FRANCIS SCOTT KEY MED. CENTER v. INSURANCE COMM’R September Term, 1984Court of Appeals of Maryland. Decided November 1, 1984 Pet. Docket No. 461 — granted. Pending in Court of Special Appeals (PHC No. 702, 1984 Term).

672 A.2d 623 RICKS v. SIMMS September Term 1995Court of Appeals of Maryland. Decided March 6, 1996 Pet. Docket No. 609 — denied. Dismissed by the Court of Special Appeals. (No. PD 1495, 1995 Term).

941 A.2d 1105 Holsey v. Wall. No. Pet. Docket No. 314.Court of Appeals of Maryland. Denied February 15, 2008. Opinion of the Court of Special Appeals unreported (No. 2360, Sept. Term 2005). Denied February 15, 2008. Petitions for Writ of Certiorari denied. Page 306

961 A.2d 554 Strickland v. Toyota. No. Pet. Docket No. 354.Court of Appeals of Maryland. Denied December 12, 2008. (No. CAL 08-2375, Circuit Court for Prince George’s County). Petitions for Writ of Certiorari. denied.

695 A.2d 1227 PALACIOS, WILLIAM MORALES v. STATE September Term 1996Court of Appeals of Maryland. Denied June 27, 1997 Pet. Docket No. 98 — denied. Opinion of the Court of Special Appeals unreported (No. 933, 1996 Term).

665 A.2d 1058 SOLEM v. CENTURY 21 September Term 1995Court of Appeals of Maryland. Decided October 12, 1995 Pet. Docket No. 258 — denied. Opinion (No. 1260, 1994 Term, Court of Special Appeals) unreported.

633 A.2d 102 IN RE ADOPTION/GUARDIANSHIP NO. A91-71A IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY September Term, 1993Court of Appeals of Maryland. Decided November 23, 1993 Pet. Docket No. 402 — granted. Opinion (No. 1898, 1992 Term, Court of Special Appeals) unreported.

205 A.2d 792 MARTIN MARIETTA CORPORATION ET AL. v. LEIUS [No. 102, September Term, 1964.]Court of Appeals of Maryland. Decided January 4, 1965. WORKMEN’S COMPENSATION — Compensation Commission — Medical Board — Judicial Review Of — Finality Attaches To Decision Of Commission. In workmen’s compensation cases the finding and report of the Medical Board for […]

260 A.2d 334 COUSER v. STATE OF MARYLAND [No. 43, September Term, 1969.]Court of Appeals of Maryland. Decided January 8, 1970. DOUBLE JEOPARDY — Constitutional Law — Double Jeopardy Standards Of The Federal Constitution Are Applicable To The States Through The Due Process Clause Of The Fourteenth Amendment — Applicable If Original Mandate Amounted To […]

175 A.2d 23 TAYLOR v. WARDEN OF MARYLAND PENITENTIARY [App. No. 41, September Term, 1961.]Court of Appeals of Maryland. Decided November 20, 1961. Decided November 20, 1961. James W. Taylor 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, […]

177 A.2d 245 SHOREY v. STATE [138, September Term, 1961.]Court of Appeals of Maryland. Decided January 23, 1962. EVIDENCE — Was Sufficient To Convict Of Rape And Burglary. The appellant, in the instant case, who was convicted of rape and burglary challenged the sufficiency of the evidence on appeal. After a review of the record, […]

216 A.2d 572 ROBERTS v. WARDEN OF THE MARYLAND PENITENTIARY [App. No. 92, September Term, 1965.]Court of Appeals of Maryland. Decided February 7, 1966. Decided February 7, 1966. Application for leave to appeal from the Circuit Court for Baltimore County (BARRETT, J.). William Roberts, Jr., instituted a proceeding under the Post Conviction Procedure Act, and […]

57 A.2d 421 BLUM ET AL. v. ENGELMAN ET AL. [No. 86, October Term, 1947.]Court of Appeals of Maryland. Decided February 25, 1948. Constitutional Law — Police Power — Unfair Sales Act Prohibiting Price-cutting and Unfair Competition. Freedom of contract is subject to legislative regulation in the interest of public health, safety, morals or welfare. […]

233 A.2d 779 EX PARTE IN THE MATTER OF THE PETITION OF WILLIS ALLEN JOHNSON AND SADIE ANNIE JOHNSON FOR THE ADOPTION OF A MINOR [No. 134, September Term, 1967.]Court of Appeals of Maryland. Decided October 10, 1967. ADOPTION — Consent Of The Natural Parent Is Necessary Unless Parent Has Voluntarily Relinquished Parental Right Of […]