Category: Court of Appeals Opinions

882 A.2d 286 OAKLAND v. MOUNTAIN LAKE PARK. Pet. Docket No. 230.Court of Appeals of Maryland. Granted September 8, 2005. No. 264, Sept. Term 2005, Pending in the Court of Special Appeals. Petition for writ of certiorari granted.

703 A.2d 147 LUCAS, KEVIN EARL v. STATE September Term 1997Court of Appeals of Maryland. Denied December 10, 1997 Pet. Docket No. 409 — denied. Reported below:116 Md. App. 559, 698 A.2d 1145.

469 A.2d 452 BERNSTEIN v. DUCKWORTH September Term, 1983Court of Appeals of Maryland. Decided December 27, 1983 Pet. Docket No. 514 — denied.

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 […]

57 A.2d 302 McCURDY v. SAFE DEPOSIT TRUST CO. OF BALTIMORE [No. 95, October Term, 1947.]Court of Appeals of Maryland. Decided February 20, 1948. Wills — Words “do as she pleases” — Life-tenant As Remainderman Also — Courts Construing. The words “do as she pleases” are not words ordinarily used in a well-drawn will, and […]

519 A.2d 1283 STATE v. SUSAN MARIE YOUNG September Term, 1986Court of Appeals of Maryland. Decided January 27, 1987 Pet. Docket No. 459 — denied. Opinion (No. 32, 1986 Term, Court of Special Appeals) unreported. Page 383

486 A.2d 763 HASKINS v. E.I. KANE, INC. September Term, 1984Court of Appeals of Maryland. Decided January 21, 1985 Pet. Docket No. 507 — denied. Opinion (No. 15, 1984 Term, Court of Special Appeals) unreported.

514 A.2d 1211 DEVINE v. ZACHARSKI September Term, 1986Court of Appeals of Maryland. Decided September 30, 1986 Pet. Docket No. 292 — denied. Judge Adkins did not participate in the consideration of this petition. Opinion (No. 1563, 1985 Term, Court of Special Appeals) unreported.

431 A.2d 93 ARMISTEAD WILLIAM WOOD v. STATE OF MARYLAND [No. 153, September Term, 1980.]Court of Appeals of Maryland. Decided June 30, 1981. CRIMINAL LAW — Wiretapping And Electronic Surveillance Act — Illegally Obtained Tape Recording Not Admissible For Purposes Of Impeachment In View Of Exclusionary Rule Adopted By Statute In Maryland — Maryland Legislature, […]

73 A.2d 892 LEVY ET AL. v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY [No. 197, October Term, 1949.]Court of Appeals of Maryland. Decided June 8, 1950. Insurance — Intent of Parties from Words Used — Effort of Court Is to Ascertain, in Normal Interpretation of Contracts, Including Insurance Policies — Interpretation of Policy Against Insurer and […]

362 A.2d 642 DORSEY v. STATE OF MARYLAND [No. 171, September Term, 1975.]Court of Appeals of Maryland. Decided July 15, 1976. CRIMINAL LAW — Homicide — Instructions to Jury — Instruction Placing Burden Of Proof On Defendant To Reduce Murder To Manslaughter Or Not Guilty Held Improper. pp. 222-223 CRIMINAL LAW — Homicide — Erroneous […]

496 A.2d 683 JEFFREY ALONZO SIMMS v. STATE September Term, 1985Court of Appeals of Maryland. Decided September 4, 1985 Pet. Docket No. 188 — denied. Opinion (No. 1130, 1984 Term, Court of Special Appeals) unreported.

81 A.2d 608 BECK v. BERNSTEIN [No. 172, October Term, 1950.]Court of Appeals of Maryland. Decided June 15, 1951. SPECIFIC PERFORMANCE — Requirements of Certainty, Fairness, Mutuality — Applied to Lease. Specific performance of a contract will not be decreed unless it is clear, unambiguous, and certain in all its parts and is fair and […]

910 A.2d 1089 Martin BALTROTSKY v. Mark W. KUGLER, Trustee. No. 18, September Term, 2006.Court of Appeals of Maryland. November 13, 2006. Appeal from The Circuit Court, Montgomery County, Durke G. Thompson, J. Page 469 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

1 A.3d 468 Marlin, Andre v. State. No. Pet. Docket No. 177.Court of Appeals of Maryland. August 23, 2010. Reported below: 192 Md.App. 134, 993 A.2d 1141. Petitions for writ of Certiorari denied.

204 A.2d 537 WHEATON TRIANGLE LANES, INC. v. RINALDI ET AL. [No. 52, September Term, 1964.]Court of Appeals of Maryland. Decided November 13, 1964. CONTRACTS — Construction Or Interpretation Of — Intention Of Parties Must Be Gathered From Contents Of Document Itself And Not From Consideration Of Its Provisions Separately. pp. 530-531 RELEASES — Equitable […]

703 A.2d 1264 AWNI v. NAJAFALI September Term 1997Court of Appeals of Maryland. Denied January 15, 1998 Pet. Docket No. 388 — denied. (No. 96CV11458, Circuit Court for Baltimore County).

557 A.2d 255 MICHAEL WILLIAMS v. STATE September Term, 1989Court of Appeals of Maryland. Decided May 3, 1989 Pet. Docket No. 583 — granted.

132 A.2d 108 FAIRBANKS v. WARDEN OF MARYLAND HOUSE OF CORRECTION [H.C. No. 8, September Term, 1957 (Adv.).]Court of Appeals of Maryland. Decided May 29, 1957. HABEAS CORPUS — Guilt or Innocence. The question of guilt or innocence cannot be raised on habeas corpus. p. 655 HABEAS CORPUS — Counsel — Want of, Violated No […]

114 A.2d 66 EWELL v. STATE [No. 159, October Term, 1954.]Court of Appeals of Maryland. Decided May 17, 1955. CRIMINAL LAW — Non-Support Of Wife — Her Independent Means Do Not Relieve From Liability. As in the case of civil liability of a husband to support his wife, his criminal liability for wilfully neglecting to […]

137 A.2d 713 PHILLIPS v. WARDEN OF MARYLAND HOUSE OF CORRECTION [H.C. No. 58, September Term, 1957.]Court of Appeals of Maryland. Decided January 23, 1958. CRIMINAL LAW — Time Spent on Parole — Failure to Credit Parolee with, After Parole Revoked, Deprives Him of No Constitutional Right. The provision of Code (1957 Supp.), Art. 41, […]

87 A.2d 841 BETHLEHEM STEEL COMPANY v. JACKSON [No. 142, October Term, 1951.]Court of Appeals of Maryland. Decided April 4, 1952. Rehearing denied May 8, 1952. Memorandum on Motion for Rehearing filed May 8, 1952. WORKMEN’S COMPENSATION — Lump Sum Award of Attorney’s Fee — Error in Disallowance of Discount. Where the State Industrial Accident […]

713 A.2d 979, 713 A.2d 980, 713 A.2d 981 HALL v. LOVELL HOMES September Term 1998Court of Appeals of Maryland. Denied July 28, 1998 Pet. Docket No. 203 — denied. Reported below: 121 Md. App. 1, 708 A.2d 344.

201 A.2d 336 LEIDENFROST v. ATLANTIC MASONRY, INC. ATLANTIC MASONRY, INC. v. LACEY ET AL. (Two Appeals in One Record) [No. 367, September Term, 1963.]Court of Appeals of Maryland. Decided June 9, 1964. RES IPSA LOQUITUR — Exclusive Control In Defendant Of Instrumentality Causing Injury — One Of Elements Which Plaintiff Must Prove — Question […]

244 A.2d 207 TULLY, ET AL. v. DASHER, ET AL. [No. 257, September Term, 1967.]Court of Appeals of Maryland. Decided July 2, 1968. EVIDENCE — Where Questions Were Propounded To Witness By Defendants’ Counsel On Cross Examination, There Can Be No Error In Admission Of Witness’s Answers Available To Defendants On Appeal. pp. 431-432 Page […]

619 A.2d 122 ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. CHARLES F. DAUM. Misc. Docket (Subtitle BV) No. 51, September Term, 1992.Court of Appeals of Maryland. February 8, 1993. ORDER This matter came before the Court on the joint petition of the Attorney Grievance Commission and Charles F. Daum, Esquire. Page 299 Having considered the petition, […]

943 A.2d 1245 Robinson, Dirk A. v. State. No. Pet. Docket No. 505.Court of Appeals of Maryland. Denied March 14, 2008. No. 22196M, Circuit Court for Montgomery County. Denied March 14, 2008. Petitions for Writ of Certiorari denied.

535 A.2d 455 JAMES HENRY WATSON v. STATE OF MARYLAND. No. 111, September Term, 1986.Court of Appeals of Maryland. January 7, 1988. Appeal from the Circuit Court, Montgomery County, James S. McAuliffe, Jr., J Page 371 Mark Colvin, Asst. Public Defender (Alan H. Murrell, Public Defender, on brief), Baltimore, for appellant. Mary Ellen Barbera, Asst. […]

75 A.2d 89 SOUTHERN MARYLAND AGRICULTURE ASSOCIATION v. MEYER ET AL. [No. 200, October Term, 1949.]Court of Appeals of Maryland. Decided July 19, 1950. Motion for rehearing filed August 11, 1950. Rehearing denied October 5, 1950. Equity — Jurisdiction — Title to Land or Interests Therein — Though Cases Ordinarily Triable at Law, Factors Present […]

607 A.2d 947 JOHN JONES v. STATE September Term, 1992Court of Appeals of Maryland. Decided June 24, 1992 Granted on Motion of this Court. Pending in the Court of Special Appeals (No. 1692, 1991 Term).

45 A.2d 753 MARTIN J. LEBERSTEIN v. MARIAN J. LEBERSTEIN [No. 77, October Term, 1945.]Court of Appeals of Maryland. Decided February 8, 1946. Appeal — Divorce — Interlocutory Order. An order overruling demurrer filed by divorced husband to petition by his former wife, filed in her divorce suit, for balance of overdue weekly installments, ordered […]

912 A.2d 649 Walker v. Grow. No. Pet. Docket No. 415.Court of Appeals of Maryland. Denied December 15, 2006. Reported below: 170 Md.App. 255, 907 A.2d 255. Petitions for Writ of Certiorari denied.

548 A.2d 135 TINA HARNESS GABLE v. COLONIAL INSURANCE COMPANY OF CALIFORNIA. No. 27, September Term, 1987.Court of Appeals of Maryland. October 13, 1988. Appeal from the Circuit Court, Baltimore County, Frank Cicone, J. Marc J. Atas (Cohen, Dwin Garfield, P.A., on the brief), Baltimore, for petitioner. Page 702 Edward J. Brown (Smith, Somerville Case, […]

434 A.2d 581 GARY DONALDS v. STATE OF MARYLAND [No. 82, September Term, 1981.]Court of Appeals of Maryland. Decided September 15, 1981. CRIMINAL LAW — Effect Of Maryland Rule 746 — Mandatory Dismissal Under Hicks Applies Only To Original Trial. Certiorari to the Court of Special Appeals. (Circuit Court for Washington County, Wright, J.). Certiorari […]

494 A.2d 940 UNNAMED ATTORNEY v. ATTORNEY GRIEVANCE COMMISSION. No. 6, September Term, 1985.Court of Appeals of Maryland. July 16, 1985. Appeal from the Circuit Court for Prince George’s County, James Magruder Rea, J. Page 474 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

98 A.2d 15 MONTGOMERY COUNTY v. PUBLIC SERVICE COMMISSION, ET AL. [No. 14, October Term, 1953 (Adv.).]Court of Appeals of Maryland. Decided July 2, 1953. PUBLIC SERVICE COMMISSION — Orders Must Be Lawful, Reasonable; Prima Facie Are — In Judicial Review, Burden on Attacking Party to Show Contrary — Franchise Transfer Need Not Benefit Public, […]

628 A.2d 1066 WENDELL KIRK DEAN v. STATE September Term, 1993Court of Appeals of Maryland. Decided August 20, 1993 Pet. Docket No. 200 — denied. Opinion (No. 1238, 1992 Term, Court of Special Appeals) unreported.

4 A.3d 512 Hansen, Jerry P. v. Laurel, Maryland. No. Pet. Docket No. 259.Court of Appeals of Maryland. September 17, 2010. Reported below: 193 Md.App. 80, 996 A.2d 882. Petitions for writ of Certiorari granted.

659 A.2d 1293 MARVIN JENNINGS v. STATE September Term 1994Court of Appeals of Maryland. Decided June 22, 1995 Pet. Docket No. 767 — denied. (No. 94CR426, Circuit Court for Baltimore County).

649 A.2d 601 TONY MAURICE HORNE v. STATE September Term 1994Court of Appeals of Maryland. Decided November 10, 1994 Pet. Docket No. 308 — denied. Opinion (No. 1123, 1993 Term, Court of Special Appeals) unreported.

572 A.2d 562 ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. MARY ANN SHANNON A/K/A MARIANNE SHANNON Misc. (Subtitle BV) No. 8, September Term, 1990.Court of Appeals of Maryland. April 26, 1990. ORDER This matter came before the Court on the joint Petition of the Attorney Grievance Commission of Maryland and the Respondent to place Respondent on […]

260 A.2d 79 GIANT FOOD, INC., ET AL. v. HATCHER [No. 160, September Term, 1969.]Court of Appeals of Maryland. Decided December 23, 1969. WORKMEN’S COMPENSATION — Appeal To Circuit Court — Results Of Hearing — Nothing In Maryland Rules Or Maryland Law Requires Clerk Of Circuit Court To Forward Results Of Hearing To Commission Nor […]

554 A.2d 393 PATRICK MICHAEL JAMES v. STATE September Term, 1988Court of Appeals of Maryland. Decided March 8, 1989 Pet. Docket No. 554 — denied. Opinion (No. 599, 1988 Term, Court of Special Appeals) unreported.

705 A.2d 294 ARROW CAB v. MICHELLE HIMELSTEIN. No. 39, September Term, 1997.Court of Appeals of Maryland. February 9, 1998. Petition from the Circuit Court, Baltimore City, Carol E. Smith, J. Affirmed. John F. McAuliffe, J., retired and specially assigned, concurred in result and filed opinion. Page 559 Steven J. Potter (Morton Edelstein, on brief), […]

647 A.2d 444 JULIAN ELLIS v. STATE September Term 1994Court of Appeals of Maryland. Decided September 14, 1994 Pet. Docket No. 168 — denied. Opinion (No. 939, 1993 Term, Court of Special Appeals) unreported.

111 A.2d 464 BALTIMORE AND ANNAPOLIS RAILROAD COMPANY v. CAROLINA COACH COMPANY [No. 36, October Term, 1954.]Court of Appeals of Maryland. Decided February 10, 1955. Motion for rehearing filed March 3, 1955, denied March 16, 1955. APPEAL — Action for Overpayments of Rent — Question of Mistake and Its Effect Before Trial Court. On appeal […]

72 A.2d 713 STATE EX REL. HARRIS v. WARDEN OF MARYLAND PENITENTIARY [H.C. No. 34, October Term, 1949.]Court of Appeals of Maryland. Decided April 12, 1950. Habeas Corpus — Discretion of Judge To Issue or Not Issue Writ of, Where Applicant Previously Granted Hearing On Prior Application. Where applicant for writ of habeas corpus has […]

707 A.2d 90 WOLLESEN v. SACASA September Term 1997Court of Appeals of Maryland. Denied March 11, 1998 Pet. Docket No. 544 — denied. Opinion of the Court of Special Appeals unreported (No. 170, 1997 Term).

524 A.2d 51 STATE OF MARYLAND v. ONE 1983 CHEVROLET VAN SERIAL NO. 1GCCG15D8D 104615. No. 96, September Term, 1986.Court of Appeals of Maryland. April 20, 1987. Petition from the Circuit Court, Baltimore City, John Carroll Byrnes, J. Page 328 Anne E. Singleton, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., on the brief), Baltimore, […]

226 A.2d 887 MATAKIEFF v. MATAKIEFF [No. 53, September Term, 1966.]Court of Appeals of Maryland. Decided March 13, 1967. Motion for reargument filed April 12, 1967, denied April 14, 1967. DIVORCE — Adultery — May Be Proved By Circumstantial Evidence Alone, Since Direct Proof Usually Unobtainable. p. 30 DIVORCE — Adultery — Evidence Must Establish […]

534 A.2d 369 CLARK v. STRASBURG September Term, 1987Court of Appeals of Maryland. Decided December 10, 1987 Granted on Motion of this Court. Pending in Court of Special Appeals (No. 914, 1987 Term).

309 A.2d 768 BAKER v. BOARD OF TRUSTEES OF THE EMPLOYEES’ RETIREMENT SYSTEM OF THE CITY OF BALTIMORE [No. 12, September Term, 1973.]Court of Appeals of Maryland. Decided October 10, 1973. RETIREMENT SYSTEMS — APPEAL — MANDAMUS, WRIT OF — Where No Provision Is Made For Appeal From The Decision Of A Board Which Administers […]

554 A.2d 814 JAMES SHIFFLETT v. STATE OF MARYLAND. No. 160, September Term, 1987.Court of Appeals of Maryland. March 15, 1989. Appeal from the Circuit Court, Baltimore City, Robert I.H. Hammerman, J. Michael R. Malloy, Asst. Public Defender (Alan H. Murrell, Public Defender, both on brief), Baltimore, for appellant. Page 383 Mary Ellen Barbera, Asst. […]

620 A.2d 350 JOSEPH MICHAEL HELMS v. STATE September Term, 1992Court of Appeals of Maryland. Decided March 10, 1993 Pet. Docket No. 576 — denied. Opinion (No. 17, 1992 Term, Court of Special Appeals) unreported.

309 A.2d 635 KNAPP v. COMPTROLLER OF THE TREASURY, STATE OF MARYLAND [No. 30, September Term, 1973.]Court of Appeals of Maryland. Decided October 4, 1973. DOMICILE — Once Established Continues Until Superseded By A New Domicile — Though A Change Of Domicile Is An Exercise Of The Mind, It Must Be Supported By, Or At […]

704 A.2d 1243 KREUTZER, WILLIAM JOSEPH v. STATE September Term 1997Court of Appeals of Maryland. Denied February 11, 1998 Pet. Docket No. 502 — denied. Opinion of the Court of Special Appeals (No. 85, 1997 Term).

968 A.2d 1064 Schultz v. Bank of America. Pet. Docket No. 613.Court of Appeals of Maryland. Granted April 7, 2009. Opinion of the Court of Special Appeals unreported (No. 1063, Sept. Term 2007). Petitions for Writ of Certiorari granted.

537 A.2d 612 JAMES A. RICKS, KEVIN R. DeSHIELDS AND VAN ALLEN LEWIS v. STATE OF MARYLAND. No. 55, September Term, 1987.Court of Appeals of Maryland. March 4, 1988. Appeal from the Circuit Court, Baltimore City, Elsbeth Levy Bothe, J. Page 12 Jose Felipe Anderson, Asst. Public Defender (Alan H. Murrell, Public Defender, on the […]

950 A.2d 798 ATTORNEY GRIEVANCE COMMISSION of Maryland v. H. Allen WHITEHEAD. No. Misc. AG No. 53, September Term, 2006.Court of Appeals of Maryland. June 19, 2008. Appeal from the Circuit Court, Howard County, Diane O. Leasure, J. Page 241 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

599 A.2d 89 ORTHODONTIC TREATMENT CENTER v. HANOVER GREENBELT LTD. PARTNERSHIP, September Term, 1991Court of Appeals of Maryland. Decided December 10, 1991 Pet. Docket No. 374 — denied. (No. CAL 91-01196 — Circuit Court for Prince George’s County).

85 A.2d 452 EWELL, EXECUTOR v. PAYNE [No. 64, October Term, 1951.]Court of Appeals of Maryland. Decided January 10, 1952. CONTRACTS — Consideration Required — Statement of Intention of Payee of Notes To Credit Thereon Amounts Received From Sales of His Land and Timber, If A Promise, Was Unenforceable Because of Lack of Consideration. A […]

51 A.2d 73 GEORGE S. ROBERTSON, JR. v. MABEL J. ROBERTSON [No. 52, October Term, 1946.]Court of Appeals of Maryland. Decided February 6, 1947. Divorce — Cruelty — Constructive Abandonment — Corroboration. Acts, which may not constitute legal cruelty in themselves, may, nevertheless, justify the injuried spouse in leaving the marital domicile and entitle the […]

874 A.2d 917 PATRICK DARNELL JOHNSON v. STATE. Pet. Docket No. 617.Court of Appeals of Maryland. Denied May 13, 2005. No. 2781, Sept. Term 2002. Opinion of the Court of Special Appeals unreported. Petition for writ of certiorari denied.

525 A.2d 1075 HACKLEY ET AL. v. CITY OF BALTIMORE September Term, 1987Court of Appeals of Maryland. Decided June 4, 1987 Pet. Docket No. 15 — denied.

918 A.2d 470 DEPARTMENT OF HEALTH AND MENTAL HYGIENE v. Anthony KELLY. No. 47, September Term, 2006.Court of Appeals of Maryland. March 14, 2007. Appeal from the Circuit Court, Baltimore City, Albert J. Matricciani, Jr., J. Page 400 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

617 A.2d 1056 DARYELL MITCHELL REXRODE v. STATE September Term, 1992Court of Appeals of Maryland. Decided January 14, 1992 Pet. Docket No. 529 — denied. Opinion (No. 19, 1992 Term, Court of Special Appeals) unreported.

545 A.2d 46 THEODORE A. CAVACOS v. GHULAM SARWAR. No. 148, September Term, 1987.Court of Appeals of Maryland. August 4, 1988. Appeal from the Circuit Court, Baltimore City, Marvin G. Steinberg, J. Page 249 Janet M. Truhe (David M. Buffington and Semmes, Bowen Semmes, Baltimore), on brief, for appellant. Stephen J. Kleeman (Eugene A. Seidel, […]

988 A.2d 1009 Sinclair, Jason Lee v. State. Pet. Docket No. 503.Court of Appeals of Maryland. Denied February 16, 2010. Opinion of the Court of Special Appeals unreported (No. 2484, Sept. Term 2006). Petitions for Writ of Certiorari and Dismissals of Appeals. Petitions for Writ of Certiorari. Denied February 16, 2010. denied.

601 A.2d 1101 JOSEPH G. RAY v. STATE September Term, 1991Court of Appeals of Maryland. Decided February 21, 1992 Pet. Docket No. 529 — denied. Opinion (No. 2030, 1990 Term, Court of Special Appeals) unreported.

580 A.2d 1066 ANTONIO W. COLLINS v. STATE September Term, 1990Court of Appeals of Maryland. Decided October 17, 1990 Pet. Docket No. 231 — granted. Opinion (No. 570, 1989 Term, Court of Special Appeals) unreported.