Category: Court of Special Appeals Opinions

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, […]

358 A.2d 246 JOSEPH WALTON INSLEY v. STATE OF MARYLAND. No. 1276, September Term, 1975.Court of Special Appeals of Maryland. Decided June 9, 1976. CRIMINAL LAW — INSTRUCTIONS TO JURY — Drunken Driving — Driving Under Impaired Ability — Article 66 1/2, § 16-104 And § 11-902 — State May, Under Article 66 1/2, § […]

250 A.2d 276 JOHN FREDERICK LANG v. STATE OF MARYLAND. No. 122, September Term, 1968.Court of Special Appeals of Maryland. Decided February 18, 1969. INSTRUCTIONS — Duty Of Court To Give Advisory Instruction On Every Essential Point Of Law Supported By Evidence. It is incumbent upon the court, when requested, to give an advisory instruction […]

370 A.2d 111 CHARLES EDWARD AKINS v. STATE OF MARYLAND. No. 738, September Term, 1976.Court of Special Appeals of Maryland. Decided March 8, 1977. AUTOMOBILES — Shopping Center Parking Lot Not Public Highway Within Meaning Of Article 66 1/2, § 1-132 — Driving On Public Highway While Driving License Revoked — Article 66 1/2, § […]

509 A.2d 1236 THOMAS CLAUDE JUDGE v. R AND T CONSTRUCTION COMPANY, ET AL. No. 1365, September Term, 1985.Court of Special Appeals of Maryland. June 9, 1986. Certiorari Denied September 30, 1986. Appeal from the Circuit Court, Montgomery County, John J. Mitchell, J. Page 58 Ronald S. Canter, Rockville, for appellant. Theodore B. Cornblatt (William […]

908 A.2d 750 William HASKINS a/k/a Bilal A. Rahman v. STATE of Maryland. No. 1802, September Term, 2005.Court of Special Appeals of Maryland. October 2, 2006. Appeal from The Circuit Court, Baltimore County, Cavanaugh, J. Page 183 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

895 A.2d 1118 Sylvia B. PIVEN, et al. v. COMCAST CORPORATION, et al. Nos. 0427 2281, September Term, 2005.Court of Special Appeals of Maryland. April 10, 2006. Appeal from the Circuit Court, Baltimore County, Dana M. Levitz, J. Page 222 Marshall N. Perkins (Charles J. Piven, on the brief), Baltimore (Carl R. Gold, on the […]

271 A.2d 773 JOHN FREDERICK SHEDRICK AND MAURICE RANDOLPH BECKWITH v. STATE OF MARYLAND. No. 24, September Term, 1970.Court of Special Appeals of Maryland. Decided December 29, 1970. CONFESSIONS — Miranda Rule Stated — Voluntary Utterances Excepted — Convictions Of Co-Defendants Reversed Where One Defendant’s Statement Was Improperly Admitted. An accused’s statement, given without the […]

256 A.2d 773 ROGER WALLACE MASON v. STATE OF MARYLAND. No. 479, September Term, 1968.Court of Special Appeals of Maryland. Decided September 10, 1969. DRUGS — LSD — Conviction For Possession Of “DMT” Vacated Where Evidence Was Insufficient To Show Similarity Of Such Drug To LSD. Appellant’s conviction for having possessed a drug commonly known […]

608 A.2d 782 MICHAEL JACKSON v. STATE OF MARYLAND. Nos. 645 and 1037, September Term, 1991.Court of Special Appeals of Maryland. July 1, 1992. Appeal from the Circuit Court for Anne Arundel County, H. Chester Goudy, J. Page 305 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

675 A.2d 1037 PAUL ANDREW WILLIAMS v. STATE OF MARYLAND. No. 1334, September Term, 1995.Court of Special Appeals of Maryland. May 7, 1996. Appeal from the Circuit Court for Baltimore City, Marvin B. Steinberg, J. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

590 A.2d 1080 COSCAN WASHINGTON, INC. v. MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION, ET AL. No. 1466, September Term, 1990.Court of Special Appeals of Maryland. June 4, 1991. Appeal from the Circuit Court, Prince George’s County, Robert J. Woods, J. Page 603 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

501 A.2d 105 MASER WILLIAMS v. CRIMINAL INJURIES COMPENSATION BOARD. No. 328, September Term, 1985.Court of Special Appeals of Maryland. December 10, 1985. Certiorari Granted February 26, 1986. Page 487 Appeal from the Circuit Court for Baltimore City, John Carroll Byrnes, J. Page 488 Mark E. Herman, Baltimore, for appellant. C.J. Messerschmidt, Staff Atty. (Stephen […]

748 A.2d 1082 CAROL S. EAST v. PAINEWEBBER, INC., et al. No. 506, September Term, 1999Court of Special Appeals of Maryland. Filed: March 31, 2000 Page 303 The Circuit Court, Prince George’s County, C. Philip Nichols, Jr., J. Reversed and Remanded. Page 304 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

363 A.2d 637 JAMES HENDERSON NEWKIRK A/K/A GREGORY SMITH v. STATE OF MARYLAND. No. 1145, September Term, 1975.Court of Special Appeals of Maryland. Decided September 15, 1976. CRIMINAL LAW — INSTRUCTIONS TO JURY — Where Violative Of Constitutional Principles As Explicated In Mullaney v. Wilbur — Scope Of Review — Impropriety Must Be Judged In […]

758 A.2d 539 PRIMEHEALTH CORPORATION v. INSURANCE COMMISSIONER OF THE STATE OF MARYLAND, GOLDMARK FRIENDSHIP, LLC v. INSURANCE COMMISSIONER OF THE STATE OF MARYLAND, CHRISTIAN E. CHINWUBA v. INSURANCE COMMISSIONER OF THE STATE OF MARYLAND Nos. 0793, 1867, 1868, September Term, 1999Court of Special Appeals of Maryland. Filed: August 30, 2000 Page 376 [EDITORS’ NOTE: […]

245 A.2d 604 IRVIN VENEY v. WARDEN, MARYLAND HOUSE OF CORRECTION. No. 186, September Term, 1967.Court of Special Appeals of Maryland. Decided September 19, 1968. POST CONVICTION PROCEDURE — Waiver Of Allegations — Application For Leave To Appeal Denied Where Statutory Presumption Was Not Rebutted. Application for leave to appeal was denied where applicant’s third […]

883 A.2d 173 Zbigniew FEDOROWICZ v. STATE RETIREMENT AND PENSION SYSTEM OF MARYLAND. No. 0481, September Term, 2004.Court of Special Appeals of Maryland. September 15, 2005. Appeal from the Circuit Court, Montgomery County, D. Warren Donhue, J. Page 199 Marvin Mandel (Terrence C. Liff on the brief), Annapolis, for Appellant. Rachel S. Cohen (J. Joseph […]

788 A.2d 705 RICHARD ALBERT BOND v. STATE OF MARYLAND No. 653, September Term, 2001Court of Special Appeals of Maryland. Filed: January 8, 2002 Circuit Court, Harford County, Stephen M. Waldron, J., Reversed and remanded. Page 220 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

330 A.2d 204 MICHAEL JOSEPH DEMPSEY v. STATE OF MARYLAND. No. 128, September Term, 1974.Court of Special Appeals of Maryland. Decided December 19, 1974. CONFESSIONS — INSTRUCTIONS TO JURY — APPEAL — Fair Trial — Plain Error — Procedure In Jury Trials Following Preliminary Hearing Before Judge Out Of Presence Of Jury On Admissibility Of […]

523 A.2d 1064 BYRON ARCA v. STATE OF MARYLAND. No. 1077, September Term, 1986.Court of Special Appeals of Maryland. April 15, 1987. Certiorari Denied August 3, 1987. Appeal from the Circuit Court, Baltimore City, Arrie Davis, J. Mark Colvin, Asst. Public Defender (Alan H. Murrell, Public Defender, on brief), Baltimore, for appellant. Jillyn K. Schulze, […]

642 A.2d 298 JAMES W. ARTIS, JR. v. BONNIE LEE CYPHERS, INDIVIDUALLY, ETC. No. 1615, September Term, 1993.Court of Special Appeals of Maryland. June 8, 1994. Appeal from the Circuit Court, Baltimore City, Joseph P. McCurdy, Jr., J. Page 634 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

941 A.2d 1232 DEPARTMENT OF HEALTH AND MENTAL HYGIENE v. Linwood BEAN. No. 1142 September Term, 2006.Court of Special Appeals of Maryland. February 13, 2008. Appeal from the Circuit Court, Baltimore City, John P. Miller, J. Page 419 Kathleen Ellis and David Wagner, Baltimore, MD, for Appellant. Edward Smith, Baltimore, MD, for Appellee. Panel: JAMES […]

758 A.2d 1124 GLENN LYDELL MEANOR v. STATE OF MARYLAND No. 2117, September Term, 1999.Court of Special Appeals of Maryland. Filed: September 7, 2000 The Circuit Court, Howard County, Raymond J. Kane, Jr., J. Affirmed Page 73 Mark Colvin, Asst. Public Defender (Stephen E. Harris, Public Defender on the brief), Baltimore, for appellant. Celia Anderson […]

981 A.2d 798 Barbara ABRISHAMIAN v. Earl BARBELY. No. 1370, September Term, 2008.Court of Special Appeals of Maryland. October 5, 2009. Appeal from the Circuit Court, Montgomery County, Debelius, J. Page 335 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 336 [EDITORS’ […]

403 A.2d 850 FRANK WILLIAM PETRLIK v. HEVILA BETTIE PETRLIK ET AL. No. 1397, September Term, 1978.Court of Special Appeals of Maryland. Decided July 16, 1979. REAL PROPERTY — Sale In Lieu Of Partition — Where A Life Tenant And A Remainderman Together Own An Undivided One-Half Interest In Real Property And The Other Undivided […]

611 A.2d 599 VANESSA BROWN, ET AL. v. RICHARD ASHTON, ET AL. No. 1682 September Term, 1991.Court of Special Appeals of Maryland. July 9, 1992. Reconsideration Granted in Part September 1, 1992, Opinion Corrected September 28, 1992. Certiorari Granted November 17, 1992. Appeal from the Circuit Court, Frederick County, G. Edward Dwyer, Jr., J. Page […]

569 A.2d 715 SPRINGLAKE CORPORATION, RECEIVER v. SYMMARRON LIMITED PARTNERSHIP, ET AL. No. 849, September Term, 1989.Court of Special Appeals of Maryland. February 8, 1990. Appeal from the Circuit Court, Worcester County, Theodore R. Eschenburg, J. Page 695 Dale E. Cantone (Deborah Farmer Minot and Hylton Gonzales, on the brief), Baltimore, for appellant. Raymond S. […]

251 A.2d 11 RONALD RADCLIFFE v. STATE OF MARYLAND. No. 247, September Term, 1968.Court of Special Appeals of Maryland. Decided March 11, 1969. ARREST — Rule Of Probable Cause — Arrest Held Lawful. The rule of probable cause is a nontechnical conception of a reasonable ground for belief of guilt, requiring less evidence for such […]

243 A.2d 665 JOHN MARSHALL HARTLEY v. STATE OF MARYLAND. No. 27, September Term, 1967.Court of Special Appeals of Maryland. Decided July 1, 1968. DOUBLE JEOPARDY — Rule Exists In Maryland As Matter Of Common Law — Fifth Amendment Protection Not Transmitted To States Through Fourteenth Amendment — New Trial May Be Granted Without Infringing […]

726 A.2d 745 OWENS CORNING v. LEROY A. BAUMAN, ET AL. No. 744, September Term, 1998.Court of Special Appeals of Maryland. February 1, 1999. Opinion on Motion for Clarification April 7, 1999. Page 455 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

538 A.2d 317 STEVEN J. BROWN v. STATE OF MARYLAND. TYRUS T. BROWN v. STATE OF MARYLAND. Nos. 850, 851, September Term, 1987.Court of Special Appeals of Maryland. March 4, 1988. Appeal from the Circuit Court, Anne Arundel County, Morris Turk, J. Page 415 Sherrie B. Glasser, Asst. Public Defender (Alan H. Murrell, Public Defender, […]

599 A.2d 1215 JOHN HAROLD McELROY v. STATE OF MARYLAND. No. 403, September Term, 1991.Court of Special Appeals of Maryland. January 7, 1992. Certiorari Granted April 28, 1992. Appeal from the Circuit Court, Baltimore County, William R. Buchanan, Sr., J. Page 49 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

667 A.2d 992 SANDRA KAY MARTIN v. HOWARD COUNTY, MARYLAND. No. 297, September Term, 1995.Court of Special Appeals of Maryland. December 4, 1995. Appeal from the Circuit Court, Howard County, James B. Dudley, J. Page 332 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

245 A.2d 903 ROBERT LEE THOMPSON v. STATE OF MARYLAND. No. 24, September Term, 1968.Court of Special Appeals of Maryland. Decided October 2, 1968. EVIDENCE — Matters Claimed To Show Doubtfulness Of Witness’s Testimony Went To Weight Of Evidence. Matters claimed by appellant to show that the testimony of a State’s witness was equivocal, doubtful, […]

469 A.2d 454 JAMES H. CRAWFORD v. DOUGLAS B. MINDEL ET AL. No. 251, September Term, 1983.Court of Special Appeals of Maryland. January 9, 1984. Appeal from the Circuit Court, Charles County, George W. Bowling, J. Page 112 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

416 A.2d 302 MILLER LUMBER INDUSTRIES, INC. v. MARVIN W. BROWN ET AL. No. 1643, September Term, 1979.Court of Special Appeals of Maryland. Decided July 15, 1980. SUMMARY JUDGMENT — Grant Of — Genuine Dispute As Matter Of Fact — Where, As Here, Trial Court Found Existence Of Ambiguity In Phrasing Of Bond Agreement Between […]

892 A.2d 593 ANNE ARUNDEL COUNTY, Maryland v. CAMBRIDGE COMMONS, et al. No. 2483, September Term, 2004.Court of Special Appeals of Maryland. December 22, 2005. Reconsideration Denied March 15, 2006. Appeal from the Circuit Court, Anne Arundel County, Caroom, J. Page 220 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

268 A.2d 582 JOHN ERNEST PALMER v. STATE OF MARYLAND. No. 458, September Term, 1969.Court of Special Appeals of Maryland. Decided August 12, 1970. EVIDENCE — Fingerprint Evidence — Evidence Excluding Hypothesis That Print Was Impressed At Time Other Than That Of Crime — Footprint Impressed At Time Of Storehousebreaking. Fingerprint evidence must be coupled […]

436 A.2d 930 CHIEF, MONTGOMERY COUNTY DEPARTMENT OF POLICE v. THOMAS B. JACOCKS, JR. No. 209, September Term, 1981.Court of Special Appeals of Maryland. Decided November 5, 1981. ADMINISTRATIVE LAW — Law-Enforcement Officers’ Bill Of Rights — Article 27, § 727 Et Seq. — Extension Of “Jencks Doctrine” To Administrative Proceedings — Although Maryland Has […]

399 A.2d 950 WILLIAM JOHN FONTANA v. STATE OF MARYLAND. No. 741, September Term, 1978.Court of Special Appeals of Maryland. Decided April 16, 1979. CRIMINAL LAW — Guilty Plea — Withdrawal Of — Right To Withdraw A Guilty Plea Is A Discretionary Matter “In The Interests Of Justice” And Will Not Be Overturned Unless Abused […]

308 A.2d 696 MICHAEL ELDON TUCKER AND JOHN CARROLL SMITH v. STATE OF MARYLAND. No. 776, September Term, 1972.Court of Special Appeals of Maryland. Decided August 24, 1973. NARCOTIC DRUGS — Evidence Insufficient To Establish Accused’s Possession Of Heroin — Where Accused Tucker Was A Heroin Addict Using Heroin Found In A Motel Room For […]

241 A.2d 907 WALTER ALEXANDER GUNTHER v. STATE OF MARYLAND. No. 236, September Term, 1967.Court of Special Appeals of Maryland. Decided May 16, 1968. EVIDENCE — Admissibility Of Evidence Of Prior Convictions — Convictions Should Be For Violations Which Tend To Impeach Defendant’s Credibility As A Witness — Discretion Of Trial Court — Admission Of […]

232 A.2d 282 JOHN P. HICKMAN v. STATE OF MARYLAND. No. 3, Initial Term, 1967.Court of Special Appeals of Maryland. Decided August 3, 1967. BURGLARY — Conviction Reversed For Failure To Establish Accused’s Exclusive Possession Of Stolen Goods. Appellant’s conviction for burglary was reversed and his case remanded for a new trial, where the State […]

711 A.2d 233 LAWRENCE E. LERNER v. LERNER CORPORATION ET AL. No. 368, September Term, 1997.Court of Special Appeals of Maryland. June 11, 1998. Appeal from the Circuit Court, Montgomery County, Vincent E. Ferretti, J. Affirmed. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

542 A.2d 409 KENNETH WILBUR HARRIS, SR. v. WINSLOW WOMACK, ET AL. No. 1617, September Term, 1987.Court of Special Appeals of Maryland. June 14, 1988. Appeal from the Circuit Court, Talbot County, J. Owen Wise, J. Page 581 Robert E. Farnell, III, Cambridge, for appellant. David A. Vorhis (Webb, Burnett, Jackson, Cornbrooks Wilbur, on the […]

276 A.2d 692 DOROTHY JOYCE v. OSLER COLLINSON JOYCE. No. 265, September Term, 1970.Court of Special Appeals of Maryland. Decided December 8, 1970. HUSBAND AND WIFE — Rights Of Spouses In Chattels Personal — Rule Stated — Power Of Court — Award Held Proper. The husband retains property in the chattels personal which were his […]