Category: Court of Special Appeals Opinions

406 A.2d 680 ROBERT WILLIAM SWAIN, JR. v. NANCY DIANN SWAIN. No. 83, September Term, 1979.Court of Special Appeals of Maryland. Decided October 16, 1979. CUSTODY OF INFANTS — APPEAL — Appellate Review — Chancellor’s Decision Should Be Disturbed Only If There Has Been A Clear Abuse Of Discretion. pp. 626-627 CUSTODY OF INFANTS — […]

424 A.2d 378 CARL S. HELLMANN v. SMITH-MAYFLOWER, SMITH’S MOVING AND STORAGE COMPANY, INC. No. 239, September Term, 1980.Court of Special Appeals of Maryland. Decided December 11, 1980. LIENS — EVIDENCE — Warehouseman’s Lien — Maryland Commercial Law Code, § 7-210 — Public Auction To Enforce Lien — Claimed Failure To Comport With Statutory Requirement […]

633 A.2d 403 JOYCE MERLING v. RAYMOND MERLING, PERSONAL REPRESENTATIVE OF THE ESTATE OF SARA E. HOLLIDAY. No. 1127, September Term, 1993.Court of Special Appeals of Maryland. November 30, 1993. Appeal from the Circuit Court for Harford County, Maurice W. Baldwin, Jr., J. Page 244 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

586 A.2d 829 HELEN McGILL v. GORE DUMP TRAILER LEASING, INC., ET AL. No. 830, September Term, 1990.Court of Special Appeals of Maryland. March 6, 1991. Appeal from the Circuit Court, Prince George’s County, G.R. Hovey Johnson, J. Page 417 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

626 A.2d 997 KEENE CORPORATION, INC. v. DANIEL HALL, ET UX. No. 236, September Term, 1992.Court of Special Appeals of Maryland. July 1, 1993. Appeal from the Circuit Court, Baltimore City, Elsbeth Bothe, J. Page 645 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

420 A.2d 1009 WILBERT BARTON, THE YOUNGER v. STATE OF MARYLAND. No. 33, September Term, 1980.Court of Special Appeals of Maryland. Decided October 10, 1980. CRIMINAL LAW — INSTRUCTIONS TO JURY — Self-Defense Instruction — “Castle Doctrine” — Refusal To Instruct — One Need Not Be Head Of Household To Avail Himself Of “Castle Doctrine” […]

519 A.2d 779 BERNARD F. GOLDBERG, SR. v. STATE OF MARYLAND. No. 503, September Term, 1986.Court of Special Appeals of Maryland. January 13, 1987. Appeal from the Circuit Court, Howard County, Martin Wolff, J. Page 703 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

255 A.2d 449 MICHAEL LEE HERNANDEZ v. STATE OF MARYLAND. No. 451, September Term, 1968.Court of Special Appeals of Maryland. Decided July 2, 1969. EVIDENCE — Admissibility Of Extrajudicial Identification Of Accused — General Rule — Weight And Reliability Of Identification Is Matter For Jury. The general rule as to the admission of an extrajudicial […]

346 A.2d 669 WILLIAM EDWARD YOUNG v. STATE OF MARYLAND. App. No. 78, September Term, 1975.Court of Special Appeals of Maryland. Decided November 3, 1975. DEFECTIVE DELINQUENTS — APPEAL — Request By Convicted And Incarcerated Felon For Possible Defective Delinquency — Application For Leave To Appeal Denial — Appellate Review Thereof — There, Is No […]

484 A.2d 285 PETER G. SULZER AND MARTIN F. LYNOTT, TRUSTEES v. MONTGOMERY COUNTY, MARYLAND. No. 66, September Term, 1984.Court of Special Appeals of Maryland. December 5, 1984. Appeal from the Circuit Court, Montgomery County, William C. Miller, J. Page 638 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

885 A.2d 351 Wayne David WHEELER v. STATE of Maryland No. 331, September Term, 2004.Court of Special Appeals of Maryland. October 28, 2005. Page 211 Appeal from the Circuit Court, Prince George’s County, Shepherd, J. Allison E. Pierce (Nancy S. Forster, Public Defender, on brief), for appellant. Shannon E. Avery (J. Joseph Curran, Jr., Atty. […]

943 A.2d 653 MONTGOMERY COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES v. TAMARA A. No. 1575, September Term, 2006.Court of Special Appeals of Maryland. March 5, 2008. Page 687 Appeal from the Circuit Court, Montgomery County, DeLawrence Beard, J. Page 688 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

584 A.2d 1279 MICHAEL ANTHONY ALLEN v. STATE OF MARYLAND. No. 1879, September Term, 1989.Court of Special Appeals of Maryland. January 30, 1991. Appeal from the Circuit Court, Baltimore City, Mary Arabian, J. Page 658 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

311 A.2d 822 EDWARD L. HAYNES v. STATE OF MARYLAND. No. 191, September Term, 1973.Court of Special Appeals of Maryland. Decided November 27, 1973. SENTENCE — STATUTES — Presentence Investigation Report — Discretion Of Sentencing Judge — Availability Of Report — Maryland Rule 761 d — Article 41, § 124(b) — Legislative Intent — Although […]

653 A.2d 947 NORMAN TAYLOR v. KARL FEISSNER. No. 576, September Term, 1994.Court of Special Appeals of Maryland. January 4, 1995. Reconsideration Denied February 28, 1995. Appeal from the Circuit Court, Montgomery County, James L. Ryan, J. Page 357 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

359 A.2d 117 RUSSELL U. NEFF ET AL. v. RALPH D. PRYOR PLUMBING AND HEATING, INC. No. 830, September Term, 1975.Court of Special Appeals of Maryland. Decided June 28, 1976. NEGLIGENCE — INSTRUCTIONS TO JURY — Sufficiency Of Evidence To Justify Instruction On Issue Of Contributory Negligence — Submission Of Issue Of Contributory Negligence Justified […]

28 A.3d 88 Daniel A. McNEAL v. STATE of Maryland. No. 1992, September Term, 2009.Court of Special Appeals of Maryland. September 2, 2011. Appeal from the Circuit Court, Baltimore City, Thomas J.S. Waxter, Jr., J. Page 511 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

262 A.2d 774 TYRONE O’NEAL JASON, WILBUR ALLEN JOHNSON, AND WILLIAM FRANCIS MOORE v. STATE OF MARYLAND. No. 346, September Term, 1969.Court of Special Appeals of Maryland. Decided March 9, 1970. APPEAL — Contention Regarding Faulty Indictment Held Without Merit Where Accused Were Acquitted Of Offense Charged. Appellants’ contention that they had been erroneously tried […]

961 A.2d 629 Joseph M. DELLA RATTA et al. v. Edward J. DYAS, Jr. No. 2127, September Term, 2007.Court of Special Appeals of Maryland. December 3, 2008. Appeal from the Circuit Court, Montgomery County, Philip T. Caroom, J. Page 345 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

705 A.2d 118 HARVEY RICARDO HOLMES v. STATE OF MARYLAND. No. 538, September Term, 1997.Court of Special Appeals of Maryland. February 2, 1998. Appeal from the Circuit Court, Prince George’s County, E. Allen Shepherd, J. Reversed and remanded for new trial. Page 519 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

560 A.2d 587 PRINCESS WYONINA SHIFFLETT v. STATE OF MARYLAND. No. 1797, September Term, 1988.Court of Special Appeals of Maryland. July 6, 1989. Certiorari Granted November 28, 1989. Appeal from the Circuit Court, Baltimore County, Joseph F. Murphy, Jr., J. Page 152 Clarence W. Sharp, Asst. Public Defender (Alan H. Murrell, Public Defender, on the […]

310 A.2d 577 DAVID ALLEN WIEBKING, WILLIAM ANCEL HOLT AND CLIFFORD LYNN WOLF v. STATE OF MARYLAND. No. 51, September Term, 1973.Court of Special Appeals of Maryland. Decided October 26, 1973. CONSTITUTIONAL LAW — Scope Of Appellate Review — When Constitutionally Protected Right Is Involved It Is Duty Of Appellate Court, In Determining Whether Court […]

370 A.2d 137 MOSES H. KARKENNY v. MICHAEL MONGELLI ET UX. No. 215, September Term, 1976.Court of Special Appeals of Maryland. Decided March 9, 1977. TAX SALES — Foreclosing Right Of Redemption — Constructive Fraud — Failure To Comply With Maryland Rule 105 As Provided By Article 81, § 106-107 — Generally, Decree Setting Aside […]

351 A.2d 437 RAYFIELD ZEKE WILSON v. STATE OF MARYLAND. No. 513, September Term, 1975.Court of Special Appeals of Maryland. Decided February 3, 1976. SEARCHES AND SEIZURES — Voluntariness Of Consent — Where Information Obtained By Police During Illegal Search Subsequently Used To Obtain Accused’s Consent To Seize Item From Residence — When Consent Is […]

780 A.2d 387 ROSEDALE PLAZA LIMITED PARTNERSHIP v. LEFTA, INC., ET AL. No. 1424, September Term, 2000Court of Special Appeals of Maryland. Filed: September 6, 2001 Appealed from The Circuit Court, Baltimore County. Page 244 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

423 A.2d 974 NORMAN E. SELLMAN v. STATE OF MARYLAND. No. 544, September Term, 1980.Court of Special Appeals of Maryland. Decided January 8, 1981. SENTENCE — PROBATION — Revocation Of — Right Of Allocution — Before Imposing Sentence At A Probation Revocation Proceeding The Court Must Inform Defendant That He Has Right, Personally And Through […]

859 A.2d 664 STATE of Maryland v. Timothy WEISBROD. No. 1925, September Term, 2003.Court of Special Appeals of Maryland. October 12, 2004. Appeal from the Circuit Court, Prince George’s County, Michele D. Hotten, J. Page 489 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

394 A.2d 818 IN RE JOHN R. No. 404, September Term, 1978.Court of Special Appeals of Maryland. Decided December 7, 1978. CRIMINAL LAW — Tampering With Vehicle — Inference That Defendant Was One Who Consciously Opened The Locked Car Door Sufficient To Meet The Definition Of Tampering With A Vehicle Without Consent Of Its Owner […]

968 A.2d 1136 PROFESSIONAL BAIL BONDS, INC. v. STATE of Maryland et al. No. 638, September Term, 2008.Court of Special Appeals of Maryland. March 31, 2009. Appeal from the Circuit Court, Howard County, Lenore R. Gelfman, J. Page 227 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

708 A.2d 1154 WILLIAM REDCROSS, JR. v. STATE OF MARYLAND. No. 1440, September Term, 1997.Court of Special Appeals of Maryland. May 4, 1998. Appeal from the Circuit Court, Baltimore City, Barbara Kerr Howe, J. Page 321 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

765 A.2d 1005 ZAINAB KAMARA, et al. v. EDISON BROTHERS APPAREL STORES, INC., et al. No. 37, September Term, 1999.Court of Special Appeals of Maryland. Filed: January 31, 2001. The Circuit Court, Prince George’s County, Herman C. Dawson, J. Page 334 Carla M. Mathers (James E. McCollum, Jr., James E. McCollum, Jr. Associates, P.C., on […]

295 A.2d 812 STATE OF MARYLAND v. JOSEPH WILSON LEE, NICHOLAS CAVENDER WILSON, MARY S. WILSON, MICHAEL TEPPING, THOMAS BOYD HOSKINS, LELAND M. TALBOT, EUGENE RICHARD ROSENTHAL, GAYLE L. MOORE, KENT TAYLOR MARTIN AND ROBERT E. WOODFORD. No. 363, September Term, 1971.Court of Special Appeals of Maryland. Decided October 25, 1972. CONSTITUTIONAL LAW — Wiretapping […]

256 A.2d 888 FRANK MUNGER v. STATE OF MARYLAND. No. 25, September Term, 1969.Court of Special Appeals of Maryland. Decided October 3, 1969. SEARCH AND SEIZURE — Fourth Amendment No Longer Requires Distinction Between Contraband And Items Of Only Evidential Value — Seizure Of Narcotic Paraphernalia Held Reasonable. The distinction between items of only evidential […]

496 A.2d 1099 MARIE MECH v. HEARST CORPORATION, T/A NEWS AMERICAN BALTIMORE. No. 1550, September Term, 1984.Court of Special Appeals of Maryland. September 9, 1985. Appeal from the Circuit Court, Baltimore City, Mary Arabian, J. Page 423 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

246 A.2d 316 JOSEPH CLARK v. WARDEN, MARYLAND PENITENTIARY. No. 4, September Term, 1968.Court of Special Appeals of Maryland. Decided October 10, 1968. POST CONVICTION PROCEDURE — Application For Leave To Appeal Not Timely Filed. An application for leave to appeal was denied where it had not been filed within thirty days from the Page […]

284 A.2d 37 GARY CARSON GRAYBEAL v. STATE OF MARYLAND. No. 162, September Term, 1971.Court of Special Appeals of Maryland. Decided December 7, 1971. CONSTITUTIONAL LAW — Fifth Amendment — Miranda Warnings — Evidence — Spontaneous And Volunteered Statements Made Outside Of Custodial Interrogation — Volunteered Statements Are Not Barred By Fifth Amendment And Miranda […]

293 A.2d 466 FREDERICK G. LARSON ET UX. v. RICHARD N. JOHNSON ET AL. No. 707, September Term, 1971.Court of Special Appeals of Maryland. Decided August 8, 1972. STATUTES — Motor Vehicle Financial Responsibility — Legislative Intent — There Is No Question But That The Legislative Purpose In The Repeal Of Subsections (d) and (e) […]

343 A.2d 905 SAMUEL A. GREEN, JR. v. JULIA W. LOMBARD ET AL. No. 701, September Term, 1974.Court of Special Appeals of Maryland. Decided September 5, 1975. TRUSTS — Committee — Responsibilities Of — Where There Are Improprieties On Part Of Committee — Duty Of Court To Assess Damage Caused By Misdeeds Then Impose Appropriate […]

615 A.2d 1210 ATLANTIC VENTURE, INC. v. SUPERVISOR OF ASSESSMENTS OF BALTIMORE CITY. CHESAPEAKE VENTURE, INC. v. SUPERVISOR OF ASSESSMENTS OF BALTIMORE CITY. CHESAPEAKE VENTURE, INC. v. SUPERVISOR OF ASSESSMENTS OF BALTIMORE CITY. Nos. 179, 180 181, September Term, 1992.Court of Special Appeals of Maryland. November 25, 1992. Page 74 Appeal from the Circuit Court, […]

262 A.2d 576 AL MASON, T/A AL MASON, INC. v. STATE OF MARYLAND. No. 365, September Term, 1969.Court of Special Appeals of Maryland. Decided March 5, 1970. APPEAL — Pretrial Interlocutory Order — Denial Of Motion To Dismiss Indictment Held Not Immediately Appealable. An order of the lower court denying appellant’s motion to dismiss an […]

657 A.2d 379 ACandS, INC., ET AL. v. IDA SARA MASKET ASNER, ET AL. No. 1021, September Term, 1994.Court of Special Appeals of Maryland. April 27, 1995. Appeal from the Circuit Court, Baltimore City, Edward J. Angeletti, J. Page 609 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

351 A.2d 166 JOHN EDWARD DOWNS v. STATE OF MARYLAND. No. 524, September Term, 1975.Court of Special Appeals of Maryland. Decided February 3, 1976. DISORDERLY CONDUCT — INSTRUCTIONS TO JURY — “Plain Error” — Maryland Rule 756 g — Appellate Court Will Take Cognizance Of And Correct An Irremediable Error Of Commission In A Trial […]

526 A.2d 986 SAMUEL L. ALBERSTADT v. SOVRAN BANK/MARYLAND. No. 1552, September Term, 1986.Court of Special Appeals of Maryland. June 12, 1987. Appeal from the Circuit Court, Montgomery County, DeLawrence Beard, J. Page 616 Alan S. Kerxton (Kerxton Cohen, Chtd., Bethesda, on the brief; Samuel L. Alberstadt and Niro, Scavone, Haller Niro, Ltd., Chicago, Ill., […]

907 A.2d 276 Mark MAHLER v. The JOHNS HOPKINS HOSPITAL, INC. No. 578, September Term, 2005.Court of Special Appeals of Maryland. September 12, 2006. Appeal from The Circuit Court, Baltimore City, Allen Schwait, J. Page 294 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

590 A.2d 1094 IN RE ADOPTION NO. 90072022/CAD IN THE CIRCUIT COURT FOR BALTIMORE CITY. No. 1473, September Term, 1990.Court of Special Appeals of Maryland. June 4, 1991. Appeal from the Circuit Court, Baltimore City, Kathleen O’Ferrall Friedman, J. Page 631 Anthony R. Mignini (Mignini, Raab and Lidinsky, on the brief), Baltimore, for appellants. No […]

256 A.2d 821 MORTON A. SILVERBERG v. WARDEN, MARYLAND PENITENTIARY. No. 77, September Term, 1969.Court of Special Appeals of Maryland. Decided September 10, 1969. PLEADING — Record Must Show That Guilty Plea Was Knowingly And Voluntarily Entered — Boykin Decision Not Retroactively Applied — Record Showed Pleas To Have Been Voluntarily Entered — Hope For […]

356 A.2d 599 CLIFFORD LLOYD DiPIETRO v. STATE OF MARYLAND. No. 707, September Term, 1975.Court of Special Appeals of Maryland. Decided May 6, 1976. FORGERY — Disputed Writing — Handwriting Comparison — Article 35, § 2 — Expert Testimony — Courts Article, §10-906 — Where A Paper Admitted Or Clearly Proved Genuine Is Already In […]

608 A.2d 1291 WAYNE SYLVESTER HEBRON v. STATE OF MARYLAND. No. 1630, September Term, 1991.Court of Special Appeals of Maryland. July 8, 1992. Appeal from the Circuit Court, Montgomery County, James L. Ryan, J. Page 509 Gina M. Serra, Asst. Public Defender, argued (Stephen E. Harris, Public Defender, on the brief), Baltimore, for appellant. Tarra […]

367 A.2d 974 QUENZILL COVINGTON v. STATE OF MARYLAND. No. 352, September Term, 1976.Court of Special Appeals of Maryland. Decided January 13, 1977. CRIMINAL LAW — APPEAL — Final Argument — Counsel’s Failure To Object To Lack Of Argument At Trial — Not Reviewable On Appeal — Where Neither Accused Nor His Counsel Raised At […]

677 A.2d 617 ROCCO LUPPINO v. VIGILANT INSURANCE COMPANY. No. 1497, September Term, 1995.Court of Special Appeals of Maryland. June 4, 1996. Appeal from the Court of Special Appeals, Wilner, C.J. Page 373 Thomas A. Farrington (Ann Wittik-Bravmann and Farrington and Christian, on the brief), Upper Marlboro, for Appellant. Valerie L. Tetro (Joseph F. Cunningham […]

567 A.2d 954 JOHN B. GOOCH v. MARYLAND MECHANICAL SYSTEMS, INC., ET AL. No. 1834, September Term, 1988.Court of Special Appeals of Maryland. January 4, 1990. Appeal from the Circuit Court, Baltimore City, Thomas Noel, J. Page 377 Raymond Rabin, Washington, D.C., for appellant. Robert J. Proutt (Anne T. Kelly and Rosenberg Proutt Funk Greenberg, […]

967 A.2d 274 Catherine A. Moreland JOHNSON v. James Michael JOHNSON. No. 126, September Term, 2008.Court of Special Appeals of Maryland. March 10, 2009. Appeal from the Circuit Court, Calvert County, Clagett, J. Page 644 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

673 A.2d 713 DEPARTMENT OF ECONOMIC AND EMPLOYMENT DEVELOPMENT v. NANCY M. PROPPER. No. 590, September Term, 1995.Court of Special Appeals of Maryland. March 27, 1996. Appeal from the Circuit Court, Baltimore City, Albert J. Matricciani, Jr., J. Page 596 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

368 A.2d 1067 COMMISSIONER, BALTIMORE CITY POLICE DEPARTMENT v. CALVIN CASON. No. 421, September Term, 1976.Court of Special Appeals of Maryland. Decided February 1, 1977. ADMINISTRATIVE LAW — Judicial Review Of Action Of Administrative Body — Scope Of — Reviewing Court Should Not Itself Make Independent Findings Of Fact Or Substitute Its Judgment For That […]

415 A.2d 590 RANDY JACOBS, LAWRENCE RUFUS JACKSON AND ROBERT GALLOWAY A/K/A ROBERT LEWIS A/K/A ROBERT LEWIS JACKSON v. STATE OF MARYLAND. No. 399, September Term, 1979.Court of Special Appeals of Maryland. Decided June 11, 1980. CRIMINAL LAW — EVIDENCE — Admissibility Of Declaration Against Penal Interest — Exception To Hearsay Rule — Such Declaration […]