Category: Court of Appeals Opinions

863 A.2d 998 Component v. Moore. Pet. Docket No. 421.Court of Appeals of Maryland. Denied December 23, 2004. Reported below: 158 Md.App. 388, 857 A.2d 549. Petition for writ of certiorari denied.

542 A.2d 845 MOORE v. BINGHAM CONSTRUCTION CO. September Term, 1988Court of Appeals of Maryland. Decided June 16, 1988 Pet. Docket No. 83 — denied. Opinion (No. 1018, 1987 Term, Court of Special Appeals) unreported.

991 A.2d 1273 In re Adoption of Ashton T. Pet. Docket No. 550.Court of Appeals of Maryland. Granted April 12, 2010. Petitions for Writ of Certiorari denied. Opinion of the Court of Special Appeals unreported (No. 1156, Sept. Term 2009).

203 A.2d 912 WELLS v. STATE [No. 22, September Term, 1964.]Court of Appeals of Maryland. Decided October 22, 1964. ARREST — And Coincidental Search And Seizure — Officers Had Probable Cause To Believe Felony Committed In Their Presence Where Information Was Received From Informer Who Had Personal Knowledge Of Defendant’s Habits And Defendant Was Known […]

255 A.2d 28 BRICE v. STATE OF MARYLAND [No. 345, September Term, 1968.]Court of Appeals of Maryland. Decided July 10, 1969. CRIMINAL LAW — Appeal — Trial — Objections — Where Defendant While On Stand Stated In His Own Words, The Sum Total Of Which Was To Record His Objections To Actions Of The Trial […]

936 A.2d 852 Wright, Walter L. v. State. Pet. Docket No. 334.Court of Appeals of Maryland. December 7, 2007. (No. 1462, Sept. Term 2006). Petitions For Writ of Certiorari. denied. Opinion of the Court of Special Appeals unreported.

898 A.2d 1005 PATRICK EDWARD QUINN JR. v. STATE. Pet. Docket No. 616.Court of Appeals of Maryland. Denied May 12, 2006. No. 3101, Sept. Term 1999, Pending in the Court of Special Appeals. Petition for writ of certiorari denied.

509 A.2d 134 WEATHERS v. MARYLAND GENERAL HOSPITAL September Term, 1986Court of Appeals of Maryland. Decided June 4, 1986 Pet. Docket No. 102 — denied. Opinion (No. 1014, 1985 Term, Court of Special Appeals) unreported. Page 372

568 A.2d 16 RONALD NATHANIEL WOOTEN-BEY v. STATE OF MARYLAND. No. 114, September Term, 1988.Court of Appeals of Maryland. January 10, 1990. Appeal from the Circuit Court, Prince George’s County, Chasanow, J. Page 302 Michael R. Braudes, Asst. Public Defender (Alan H. Murrell, Public Defender, on brief), Baltimore, for petitioner. Diane E. Keller, Asst. Atty. […]

909 A.2d 260 Williams, Kenneth v. State. Pet. Docket No. 307.Court of Appeals of Maryland. October 18, 2006. Pending in the Court of Special Appeals (Application for Leave to Appeal, No. 919, Sept. Term 2006). Petitions for writ of Certiorari denied.

109 A.2d 774 DAVIS v. STATE [No. 32, October Term, 1954.]Court of Appeals of Maryland. Decided December 10, 1954. SEARCHES AND SEIZURES — Search Warrant — Probable Cause — Knowledge and Experience of Officers — Less Than Certainty or Proof. In passing upon the question whether an application for a search warrant showed probable cause […]

909 A.2d 260 Rochkind v. Wheeler. Pet. Docket No. 292.Court of Appeals of Maryland. October 18, 2006. Opinion of the Court of Special Appeals unreported (No. 1591, Sept. Term 2005). Petitions for writ of Certiorari denied.

900 A.2d 207 JAMES A. HENSON, JR. v. STATE. Pet. Docket No. 441.Court of Appeals of Maryland. Denied April 14, 2006. No. 02-K-05-000730, Circuit Court for Anne Arundel County. Petition for writ of certiorari denied.

158 A.2d 770 WARD v. WARDEN OF MARYLAND HOUSE OF CORRECTION [P.C. No. 80, September Term, 1959.]Court of Appeals of Maryland. Decided March 18, 1960. POST CONVICTION PROCEDURE ACT — Search And Seizure, Validity Of — Preliminary Hearing, Alleged Lack Of. Neither the validity of a search and seizure, nor the alleged lack of a […]

957 A.2d 999 Orleans v. Board of Elections. No. Pet. Docket No. 180.Court of Appeals of Maryland. Denied October 10, 2008. Dismissed by the Court of Special Appeals (No. 2104, Sept. Term 2007). Petitions for Writ of Certiorari. denied.

747 A.2d 625 CHESAPEAKE CHARTER, INC., ET AL. v. ANNE ARUNDEL COUNTY BOARD OF EDUCATION. No. 86, September Term, 1999.Court of Appeals of Maryland. Filed: March 7, 2000. Page 130 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 131 Joseph G. Billings […]

498 A.2d 1183 BERKSON v. BERRYMAN September Term, 1985Court of Appeals of Maryland. Decided October 21, 1985 Pet. Docket No. 291 — denied.

118 A.2d 636 DAVIDS v. STATE [No. 38, October Term, 1955.]Court of Appeals of Maryland. Decided December 2, 1955. SEARCHES AND SEIZURES — of Tavern Premises Without Warrant under Alcoholic Beverages Law — Search of Patrons Not Authorized. Under the Maryland Alcoholic Beverages Law, Code (1955 Supp.), Art. 2B, § 179, a tavern owner’s assent […]

157 A.2d 610 BALTIMORE GAS ELECTRIC COMPANY v. BOWERS ET AL. [No. 89, September Term, 1959.]Court of Appeals of Maryland. Decided January 22, 1960. Motion for rehearing filed February 19, 1960, denied March 14, 1960. REAL PROPERTY — Partition In Kind — Right Of, Exists Independent Of Statute — Sale Of Property Under Statute, Where […]

533 A.2d 1307 EAST COAST WELDING v. PRINCE GEORGE’S COUNTY September Term, 1987Court of Appeals of Maryland. Decided December 9, 1987 Pet. Docket No. 371 — denied.

954 A.2d 468 Phillips v. Liberty Mut. No. Pet. Docket No. 177.Court of Appeals of Maryland. Denied August 26, 2008. Opinion of the Court of Special Appeals unreported (No. 901, Sept. Term 2007). Petitions for writ of certiorari denied.

709 A.2d 1222 LE MARC’S MANAGEMENT CORPORATION ET AL. v. FRANCISCO VALENTIN. No. 129, September Term, 1996.Court of Appeals of Maryland. May 19, 1998. Petition from the Circuit Court, Montgomery County, J. James McKenna, J. Reversed and remanded. Bell, C.J. filed dissenting opinion. Page 646 Michael P. DeGeorge, Columbia, for appellant. Charles M. Tobin (Hopkins […]

520 A.2d 379 CARLOTTA M. TAYLOR v. DEPARTMENT OF EMPLOYMENT AND TRAINING. No. 80, September Term, 1986.Court of Appeals of Maryland. January 30, 1987. Appeal from the Circuit Court, Prince Geroge’s County, G.R. Hovey Johnson, J. Page 469 Edward J. Skeens, Suitland, for appellant. Evelyn O. Cannon, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen. […]

182 A.2d 488 WILKES v. STATE [No. 340, September Term, 1961.]Court of Appeals of Maryland. Decided July 6, 1962. WITNESSES — Credibility Of, For Trier Of Facts — Trial Judge Not Obliged To Believe Defendant’s Story. The credibility of witnesses is a matter for the trier of facts to determine, and the trial judge is […]

111 A.2d 855 TURNER ET AL. v. BROCATO ET AL. [No. 73, October Term, 1954.]Court of Appeals of Maryland. Decided February 21, 1955. Motion for rehearing filed March 21, 1955, denied March 23, 1955. REAL PROPERTY — Restrictive Covenants — Development — Enforceable In Equity. Where covenants in a conveyance imposing restrictions on the use […]

74 A.2d 25 STATE EX REL. ZACK v. KRISS, CAPTAIN OF DETECTIVES [No. 5, October Term, 1950 (Adv.).]Court of Appeals of Maryland. Decided June 8, 1950. Rehearing denied July 18, 1950. Extradition — Fugitive from Justice — Trial Judge’s Order Remanding Appellant to Police in Habeas Corpus Case to Secure His Release After His Arrest […]

882 A.2d 286 OWENS-ILLINOIS v. HUNTER. Pet. Docket No. 235.Court of Appeals of Maryland. Denied September 9, 2005. Reported below: 162 Md.App. 385, 875 A.2d 157. Petition for writ of certiorari denied.

647 A.2d 1215 KEVIN CARNELL BURTON v. STATE September Term 1994Court of Appeals of Maryland. Decided September 28, 1994 Pet. Docket No. 210 — denied. Opinion (No. 961, 1993 Term, Court of Special Appeals) unreported.

889 A.2d 1025 Saturio Grogrieo FIELDS v. STATE of Maryland No. 115, September Term, 2005.Court of Appeals of Maryland. January 11, 2006. Certiorari to the Court of Special Appeals (Circuit Court for Prince George’s County); James J. Lombardi, Judge. Page 514 Michael R. Malloy, Asst. Public Defender (Nancy S. Forster, Public Defender), Baltimore, for Petitioner. […]

192 A.2d 278 RUNYON v. WARDEN OF MARYLAND PENITENTIARY [App. No. 7, September Term, 1963 (Adv.).]Court of Appeals of Maryland. Decided July 1, 1963. Herbert Glenn Runyon instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal. Application denied. Before the full Court. PER […]

206 A.2d 807 SANSBURY v. DIRECTOR OF PATUXENT INSTITUTION [App. No. 78, September Term, 1964.]Court of Appeals of Maryland. Decided February 15, 1965. POST CONVICTION PROCEDURE ACT — Applicant Contended Commitment To Patuxent Was Invalid Because It Was Based In Part Upon Two Convictions For Assault And Unauthorized Use Of An Automobile In Which Cases […]

577 A.2d 49 NICK v. NICK September Term, 1990Court of Appeals of Maryland. Decided August 1, 1990. Pet. Docket No. 122 — denied. Opinion (No. 580, 1989 Term, Court of Special Appeals) unreported.

587 A.2d 510 ALSTON v. ALSTON September Term, 1990Court of Appeals of Maryland. Decided March 26, 1991 Pet. Docket No. 560 — granted. Judge Karwacki did not participate in the consideration of this case.

159 A.2d 642 HETRICH ET AL. v. COUNTY COMMISSIONERS OF ANNE ARUNDEL COUNTY ET AL. [No. 207, September Term, 1959.]Court of Appeals of Maryland. Decided April 14, 1960. PUBLIC OFFICERS — When Position Is A “Public Office” — County Business Manager Of Anne Arundel County Held To Be. A position is a “public office” where […]

3 A.2d 863 CHARLES W. KING v. PAUL M. GAVER. [No. 68, October Term, 1938.]Court of Appeals of Maryland. Decided February 1st, 1939. Sale of Live Stock — Warranty as to Condition — Infection with Bang’s Disease — Sufficiency of Evidence. A statement by one selling heifers at public sale, that they were “blood tested,” […]

30 A.2d 249 SHANNON BAILEY v. ELLA BAILEY [No. 7, January Term, 1943.]Court of Appeals of Maryland. Decided February 11, 1943. Judgment — Decree Not on Merits — Enrollment — Equity — Divorce. The general rule that an enrolled decree, except for clerical or accidental errors, must be allowed to stand for what it purports […]

195 A.2d 609 WILLIAMS v. WARDEN OF MARYLAND PENITENTIARY [App. No. 61, September Term, 1963.]Court of Appeals of Maryland. Decided December 10, 1963. James Williams instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal. Application denied. Before the full Court. PER CURIAM. For […]

626 A.2d 51 LOYOLA FEDERAL v. FRANCOIS September Term, 1992Court of Appeals of Maryland. Decided June 15, 1993 Pet. Docket No. 661 — granted. (No. CAL-1725 — Circuit Court for Prince George’s County).

892 A.2d 477 MICHAEL BROWN v. STATE. Pet. Docket No. 455.Court of Appeals of Maryland. Denied February 10, 2006. No. 599, Sept. Term 2005, Opinion of the Court of Special Appeals unreported. Petition for writ of certiorari denied.

199 A.2d 360 COMPTROLLER OF THE TREASURY ET AL. v. DAVIDSON, CO-EXECUTOR, ETC., ET AL. [No. 253, September Term, 1963.]Court of Appeals of Maryland. Decided April 3, 1964. TAXATION — Interest Upon Overpayment Of Maryland Estate Tax — Executors Held Entitled To, Under Circumstances Here — No Mistake Or Error Upon Their Part. In the […]

991 A.2d 1273 Brunenkant v. Vojdani. Pet. Docket No. 571.Court of Appeals of Maryland. Granted April 12, 2010. Petitions for Writ of Certiorari denied. Opinion of the Court of Special Appeals unreported (No. 2774, Sept. Term 2007).

485 A.2d 663 NATURAL DESIGN, INC., ET AL. v. THE ROUSE COMPANY ET AL. No. 58, September Term, 1983.Court of Appeals of Maryland. December 28, 1984. Appeal from the Circuit Court for Baltimore City, J. Harold Grady, C.J. Page 48 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

64 A.2d 550 GORE v. JARRETT ET AL. [No. 110, October Term, 1948.]Court of Appeals of Maryland. Decided March 10, 1949. Trespass Quare Clausum Fregit — Maintainable If Act Unwitting — Gist of Action Is Injury To Possession — Maintenance By Person In Possession Without Title — Available For Trial of Title To Real Property […]

997 A.2d 790 Darby v. Marley Cooling. No. Pet. Docket No. 70.Court of Appeals of Maryland. June 11, 2010. Reported below: 190 Md.App. 736, 989 A.2d 1221. Petitions for writ of Certiorari denied.

631 A.2d 905 ATTORNEY GRIEVANCE COMMISSION OF MARYLAND, PETITIONER, v. CARL A. DURKEE. Misc. Docket (Subtitle BV) No. 39, September Term, 1993.Court of Appeals of Maryland. October 13, 1993. ORDER The Court having considered the joint petition of the Attorney Grievance Commission of Maryland and Carl A. Durkee to permit the Court to place Carl […]

972 A.2d 859 Dimensions Health v. Byrd. No. Pet. Docket No. 63.Court of Appeals of Maryland. Denied June 12, 2009. Opinion of the Court of Special Appeals unreported (No. 2848, Sept. Term 2007). Petitions for Writ of Certiorari denied.

667 A.2d 341 CHERRY HILL CONSTRUCTION v. SCHREIBER September Term 1995Court of Appeals of Maryland. Decided November 22, 1995 Pet. Docket No. 399 — denied.

527 A.2d 50 KEITH MORRIS v. STATE September Term, 1987Court of Appeals of Maryland. Decided July 1, 1987 Pet. Docket No. 75 — denied. Opinion (No. 922, 1986 Term, Court of Special Appeals) unreported.

945 A.2d 1271 George v. MAIF. No. Pet. Docket No. 530.Court of Appeals of Maryland. Denied April 11, 2008. Opinion of the Court of Special Appeals unreported (No. 1524, Sept. Term 2007). Denied April 11, 2008. Petitions for Writ of Certiorari denied.

485 A.2d 249 HENRY KENNETH LEE v. STATE September Term, 1984Court of Appeals of Maryland. Decided December 21, 1984 Pet. Docket No. 439 — denied. Opinion (No. 1347, 1983 Term, Court of Special Appeals) unreported.

4 A.2d 459 ELIZA CORBIN v. WILLIAM W. POWELL, TRUSTEE [No. 16, January Term, 1939.]Court of Appeals of Maryland. Decided February 22d 1939. Validity of Deed — Mental Incompetency. In a suit to set aside deeds by which an aged colored man, since deceased, who was married to a wife nearly fifty years his junior, […]

11 A.2d 375 MAYOR AND CITY COUNCIL OF BALTIMORE v. ALBERT C. HOFRICHTER ET AL. SAME v. ELLEN W. WALLER [Nos. 3, 4, April Term, 1940.]Court of Appeals of Maryland. Decided February 28th, 1940. Baltimore City — Creation of Indebtedness — Existence of Emergency — Sewerage Conditions. The lack of proper sanitary sewerage in two […]

151 A.2d 915 RIDLEY v. STATE [No. 250, September Term, 1958.]Court of Appeals of Maryland. Decided June 5, 1959. CRIMINAL LAW — Larceny Of Use — Of Automobile — Criminal Intent Required — Intention Is A Question Of Fact. In a prosecution for unauthorized use of a motor vehicle under Code (1957), Art. 27, § […]

333 A.2d 596 COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND v. MONTGOMERY ASSOCIATION, INC. ET AL. [No. 139, September Term, 1974.]Court of Appeals of Maryland. Per Curiam Order September 25, 1974. Opinion Filed February 24, 1975. CHARTERED COUNTIES — LEGISLATURE — STATUTES — Validity Of Local Ordinances — Concurrent Power Theory Allows Local Legislation In Certain […]

758 A.2d 75 STEPHEN MARKOV v. ROBIN MARKOV No. 58, September Term, 1999Court of Appeals of Maryland. Filed: August 23, 2000 Appeal from Circuit Court for Anne Arundel County; Case No. C-97-42595 DV. Vacated in part and remanded. Page 297 Michael J. Lay (Motsay and Lay, on brief), Baltimore, for Appellant. John J. Ryan (Ryan […]

403 A.2d 785 ROLAND NEVILLE GODWIN v. STATE OF MARYLAND [No. 88, September Term, 1978.]Court of Appeals of Maryland. Decided November 21, 1978. Certiorari denied, Supreme Court of the United States, April 16, 1979. Certiorari to the Court of Special Appeals. (Circuit Court for Prince George’s County, Levin, Jacob, S., J.) The cause was submitted […]

248 A.2d 379 GOUCHER COLLEGE v. DeWOLFE, ET AL. [No. 406, September Term, 1967.]Court of Appeals of Maryland. Decided December 6, 1968. ZONING — Boundaries — Drawing Of Lines Between Different Zones Is Peculiarly The Function Of The Zoning Authority — Street Or Road May Be A Proper Dividing Line. p. 642 ZONING — Original […]

489 A.2d 22 MORRIS LORENZO DEAN v. STATE OF MARYLAND. No. 117, September Term, 1984.Court of Appeals of Maryland. March 8, 1985. Appeal from the Circuit Court, Montgomery County, John J. Mitchell, William M. Cave and James S. McAuliffe, Jr., JJ. Page 494 Carol Garfiel Freeman, Asst. Public Defender, District 6, Rockville (Alan H. Murrell, […]

114 A.2d 604 BRANDENBURG v. S.F. G. COMPANY, INC. [No. 172, October Term, 1954.]Court of Appeals of Maryland. Decided June 13, 1955. CONTRACTS — to Superintend Carpentry Work and Supervise Construction of Certain Apartment Sections for Agreed Compensation — Presumption That Same Terms Applied to Construction of Later Sections. Where plaintiff was engaged by defendant […]

107 A.2d 82 KLEIN ET UX. v. DOVE ET AL. [No. 157, October Term, 1953.]Court of Appeals of Maryland. Decided August 5, 1954. REAL PROPERTY — Lake Area of Waterfront Development — Plaintiff’s Right to Unobstructed Right of Way to, Established. In a controversy between lot owners in a waterfront development, the trial court properly […]

682 A.2d 247 ANDRE WILKINS v. STATE OF MARYLAND. No. 70, September Term, 1996.Court of Appeals of Maryland. September 11, 1996. Petition from the Circuit Court, Baltimore City, Ellen M. Heller, Judge. Page 445 Margaret L. Lanier, Assistant Public Defender and Stephen E. Harris, Public Defender, Baltimore, for petitioner. Kathryn Grill Graeff, Assistant Attorney General […]

632 A.2d 1207 MOORE v. POMORY September Term, 1993Court of Appeals of Maryland. Decided November 19, 1993 Pet. Docket No. 408 — denied. Opinion (No. 1397, 1991 Term, Court of Special Appeals) unreported.

96 A.2d 609 ALMOND, ADMINISTRATOR D.B.N. v. McALLISTER ET AL. [No. 153, October Term, 1952.]Court of Appeals of Maryland. Decided May 15, 1953. CONFIDENTIAL RELATION — Dominant Party Has Burden of Proving (1) Transactions Fair, Reasonable, and (2) That Subservient Party Understood Papers Signed — Burden Sustained, Despite Evidence Act. One who attends to banking […]

230 A.2d 93 LEVIN, SUBSTITUTE RECEIVER OF MONUMENTAL CITY SAVINGS LOAN ASSOCIATION, INC., ET AL. v. SECURITY FINANCIAL INSURANCE CORPORATION, ET AL. [No. 347, September Term, 1966.]Court of Appeals of Maryland. Decided June 1, 1967. TRUSTS — Recovery Of Trust Funds — Segregation Of Funds Plus Traceability Is Not Sufficient Without More To Enable Original […]

131 A.2d 264 LICHTENBERG ET UX. v. SACHS [No. 156, October Term, 1956.]Court of Appeals of Maryland. Decided April 17, 1957. EQUITY — Innocent Encroachment of Defendant’s Building upon Complainant’s Land — Equity May Deny Injunctive Relief Where It Would Work Grossly Disproportionate Hardship. Where a landowner by innocent mistake, erects a building which encroaches […]

269 A.2d 597 HEBRON SAVINGS BANK v. CITY OF SALISBURY [No. 7, September Term, 1970.]Court of Appeals of Maryland. Decided October 19, 1970. MORTGAGES — Beneficial Owner — Legal Estate — Mortgagor Of Real Estate Is Regarded As Beneficial Owner Of Mortgaged Property But Mortgage Conveys The Whole Legal Estate To Mortgagee, Subject To Condition […]