Category: Court of Special Appeals Opinions

934 A.2d 1046 Julian MADISON-SHEPPARD v. STATE of Maryland. No. 598, Sept. Term, 2006.Court of Special Appeals of Maryland. November 2, 2007. Appeal from the circuit court, Cecil County, O. Roberts Lidums, J. Page 166 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

486 A.2d 775 LOVETA I. WILEN v. HERBERT BARRY WILEN. No. 475, September Term, 1984.Court of Special Appeals of Maryland. January 11, 1985. Appeal from the Circuit Court, Anne Arundel County, James L. Wray, J. Page 338 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

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 […]

824 A.2d 1017 ANTHONY J. MILLER v. STATE OF MARYLAND. No. 652 September Term, 2002.Court of Special Appeals of Maryland. Filed: May 29, 2003. Circuit Court, Baltimore County, Byrnes, J. Page 236 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 237 [EDITORS’ […]

240 A.2d 288 THOMAS WILLIS MYERS v. STATE OF MARYLAND. No. 154, September Term, 1967.Court of Special Appeals of Maryland. Decided April 3, 1968. CONFESSIONS — Miranda Rule Stated — “Custodial Interrogation” Defined — Questioning Of Accused In Police Car Constituted “Custodial Interrogation.” The prosecution may not use statements, whether exculpatory or inculpatory, stemming from […]

345 A.2d 105 EDWIN D. BELL ET UX. v. JAMES H. MYERS ET UX. No. 59, September Term, 1975.Court of Special Appeals of Maryland. Decided October 7, 1975. TAX SALES — Quantum Of Interest Acquired By Purchaser At Tax Sale — Article 81, § 99A — Title Derived From Ratified Tax Sale Not Only Includes […]

599 A.2d 1228 STEVEN W. BLACK, ET UX. v. FOX HILLS NORTH COMMUNITY ASSOCIATION, INC. No. 430, September Term, 1991.Court of Special Appeals of Maryland. January 7, 1992. Certiorari Denied April 9, 1992. Appeal from the Circuit Court for Montgomery County, John J. Mitchell, J. Page 76 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

472 A.2d 90 DWYOME A. CARROLL AKA DWAYNE A. CARROLL v. STATE OF MARYLAND. No. 613, September Term, 1983.Court of Special Appeals of Maryland. March 7, 1984. Page 14 Appeal from the Circuit Court for Baltimore City, James W. Murphy, J. Page 15 Jack B. Rubin, Baltimore, with whom was Sally C. Chester, Baltimore, on […]

292 A.2d 728 JOHN L. AVERY v. STATE OF MARYLAND. No. 537, September Term, 1971.Court of Special Appeals of Maryland. Decided June 30, 1972. GRAND JURIES — Production Of Grand Juror Minutes — Prejudice Of Grand Jury Not Grounds For Attacking Validity Of Indictment — Grand Jury Is An Accusatory Body And Not A Judicial […]

972 A.2d 917 Abdel Khader DIALLO v. STATE of Maryland. No. 71 September Term, 2008.Court of Special Appeals of Maryland. June 4, 2009. Appeal from the Circuit Court, Baltimore County, Mickey J. Norman, J. Page 23 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

384 A.2d 766 ARTHUR E. COCCO ET AL. v. MARYLAND COMMISSION ON MEDICAL DISCIPLINE. No. 481, September Term, 1977.Court of Special Appeals of Maryland. Decided April 12, 1978. PHYSICIANS AND SURGEONS — ADMINISTRATIVE LAW — Article 43, § 130 — Disciplinary Proceedings Against Physician — Such Proceedings Are Neither Civil Nor Criminal In Nature And […]

831 A.2d 1134 JAMES H. SUMMERS v. STATE OF MARYLAND. No. 2779, September Term, 2001Court of Special Appeals of Maryland. Filed: September 9, 2003 Page 363 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 364 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

314 A.2d 716 STATE OF MARYLAND v. KENNETH H. LEWIS. App. No. 110, September Term, 1973.Court of Special Appeals of Maryland. Decided February 11, 1974. DEFECTIVE DELINQUENTS — Redetermination Hearing — Requisite Consideration — Right To Inspect Records — Non-Jury Proceedings — Opinions Of Experts — Alleged Defective Delinquent Has Not Only Right To Inspect […]

244 A.2d 476 JAMES EDWARD WILLIAMS v. STATE OF MARYLAND. No. 212, September Term, 1967.Court of Special Appeals of Maryland. Decided July 23, 1968. WITNESSES — Impeachment — Accused Not Prejudiced By State’s Failure To Lay Proper Foundation For Impeachment Of Defense Witness. While appellant’s contention that the State failed to lay a proper foundation […]

294 A.2d 349 MILTON HARLOW ET AL. v. RICHARD JAMES SCHROTT ET AL. No. 685, September Term, 1971.Court of Special Appeals of Maryland. Decided August 7, 1972. STATUTES — Effective Date Of Amendatory Act — Article 93, § 112 — Chapter 642, Acts Of 1966, Effective June 1, 1966 — Where Six-Month Limitation Period Is […]

289 A.2d 846 MATTER OF JEROME NAWROCKI. No. 563, September Term, 1971.Court of Special Appeals of Maryland. Decided April 25, 1972. DISORDERLY CONDUCT — Meaning Of Offense Under Section 123, Article 27 — Gist Of Crime Of Disorderly Conduct Is Doing Or Saying, Or Both, Of That Which Offends, Disturbs, Incites, Or Tends To Incite, […]

766 A.2d 169 CHARLES COLEMAN v. ANNE ARUNDEL COUNTY POLICE DEPARTMENT. No. 2713, September Term, 1999.Court of Special Appeals of Maryland. Filed: February 1, 2001. Appeal from the Circuit Court for Anne Arundel County, Philip T. Caroom, J. Page 420 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

492 A.2d 365 TJB, INC., ET AL. v. ARUNDEL BEDDING CORPORATION, ET AL. No. 1142, September Term, 1984.Court of Special Appeals of Maryland. May 14, 1985. Appeal from the Circuit Court, Baltimore County, J. William Hinkel, J. Page 187 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

338 A.2d 390 JOHN WILLIAM BETHEA v. STATE OF MARYLAND. No. 691, September Term, 1974.Court of Special Appeals of Maryland. Decided May 29, 1975. CRIMINAL LAW — CONTINUANCE — Exclusive Power To Postpone Trial Date Of Criminal Case In Administrative Judge But Not Entirely Discretionary And May Be Exercised Only “For Extraordinary Cause Shown By […]

406 A.2d 427 GENE THOMAS MEYER v. STATE OF MARYLAND. No. 689, September Term, 1978.Court of Special Appeals of Maryland. Decided October 9, 1979. CRIMINAL LAW — EVIDENCE — Admissibility Of Written Statement Of Accused — Taken In Dereliction Of Maryland District Rule 723 (a) — Although Rule Provides For Certain Necessary Delays In Presentment […]

771 A.2d 1106 JAY A. BENJAMIN, ET AL. v. NURREDDIN ERK, ET AL. No. 2971, September Term, 1999Court of Special Appeals of Maryland. Filed: May 2, 2001 The Circuit Court, Baltimore City, Clifton J. Gordy, J., ordered rescission. Vacated in part and remanded in part for new trial. Page 460 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

353 A.2d 267 RONALD A. WILLONER AND BARBARA G. DAVIS, PERSONAL REPRESENTATIVES OF THE ESTATE OF ALBERT H. DAVIS ET AL. v. JUDITH B. DAVIS ET AL. No. 604, September Term, 1975.Court of Special Appeals of Maryland. Decided March 2, 1976. ORPHANS’ COURTS — JURISDICTION — Circuit Court Sitting As An Orphans’ Court — Power […]

732 A.2d 333 MARY J. WANKEL, ET AL. v. AB CONTRACTORS, INC., ET AL. No. 986, September Term, 1998Court of Special Appeals of Maryland. July 1, 1999 Appeal from Circuit Court for Montgomery County, Ann S. Harrington, J. Page 129 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

716 A.2d 335 STATE OF MARYLAND ET AL. v. FRANK G. HALL. No. 1230, September Term, 1997.Court of Special Appeals of Maryland. August 27, 1998. Reconsideration Denied September 29, 1998. Page 665 Appeal from the Circuit Court, Baltimore City, Thomas E. Noel, J. Page 666 Alan D. Eason, Assistant Attorney General (J. Joseph Curran, Jr., […]

382 A.2d 880 JOYCE LILLIAN POPE v. STATE OF MARYLAND. No. 341, September Term, 1977.Court of Special Appeals of Maryland. Decided January 13, 1978. CRIMINAL LAW — Misprision Of Felony — The Offense Of Misprision Of Felony Was A Crime At Common Law Given Life In Maryland By Article 5 Of The Declaration Of Rights. […]

475 A.2d 518 WILLIAM FRANCIS HURLEY v. STATE OF MARYLAND. Misc. No. 22, September Term, 1984.Court of Special Appeals of Maryland. June 6, 1984. Page 324 Appeal from the Circuit Court, Montgomery County, Calvin R.J. Sanders, J. Page 325 William T. Wood, Rockville, for applicant. Stephen H. Sachs, Atty. Gen., with whom was Andrew L. […]

597 A.2d 516 JOANNE S. BEERY v. MARYLAND MEDICAL LABORATORY, INC. No. 1797, September Term, 1990.Court of Special Appeals of Maryland. October 30, 1991. Certiorari Denied January 27, 1992. Appeal from the Circuit Court for Baltimore County, Thomas Ward, J., Page 82 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

807 A.2d 120 CHRISTOPHER KRAM et al. v. MARYLAND MILITARY DEPARTMENT No. 1483, September Term, 2001Court of Special Appeals of Maryland. Filed: September 9, 2002 Appeal from the Circuit Court, Baltimore County, Robert N. Dugan, J. Page 408 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

280 A.2d 55 FRED SILBERT ET AL. v. STATE OF MARYLAND. Nos. 217, 297, 298, 299, 300 and 301, September Term, 1970.Court of Special Appeals of Maryland. Decided August 3, 1971. GRAND JURIES — Disclosure Of Grand Jury Minutes — “In Camera” Review — While There Is No Absolute Right To Inspect Grand Jury Testimony […]

720 A.2d 1283 MAX BERG, T/A NATIONAL REALTY COMPANY, ET AL. v. ALLEN BYRD, JR.,A MINOR, ETC. ET AL. No. 455, September Term, 1998Court of Special Appeals of Maryland. December 4, 1998 Appeal from the Circuit Court, Baltimore City, Thomas E. Noel, J. Page 209 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

399 A.2d 936 ZULA V. GALLAHER ET AL. v. TRUSTEES OF THE CHERRY HILL METHODIST EPISCOPAL CHURCH OF CHERRY HILL, INCORPORATED. No. 659, September Term, 1978.Court of Special Appeals of Maryland. Decided April 12, 1979. EQUITY — Burial And Disinterment — Purchaser Of Cemetery Lot Obtains Only Qualified Property Right Or Estate In Nature Of […]

493 A.2d 437 JOHN BRADFORD EDGE v. STATE OF MARYLAND. No. 1465, September Term, 1984.Court of Special Appeals of Maryland. June 12, 1985. Appeal from the Circuit Court, Baltimore County, William R. Buchanan, J. Page 677 Julia Doyle Bernhardt, Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on brief), for appellant. Ann E. […]

363 A.2d 511 ERNEST JATO MUTYAMBIZI v. STATE OF MARYLAND. No. 1335, September Term, 1975.Court of Special Appeals of Maryland. Decided September 21, 1976. CRIMINAL LAW — EVIDENCE — Admissibility Of — Definitive Standards Of Cross-Examination — Whether Witness On Stand Personally Believes Or Disbelieves Testimony Of Previous Witness Is Irrelevant And Questions To That […]

503 A.2d 275 BOOKER T. ROBINSON, JR. v. MONTGOMERY COUNTY, MARYLAND, ET AL. No. 627, September Term, 1985.Court of Special Appeals of Maryland. January 20, 1986. Certiorari Denied May 2, 1986. Page 235 Appeal from the Circuit Court, Montgomery County, William M. Cave, J. Page 236 Alan Banov, Washington, D.C., for appellant. Bruce P. Sherman, […]

412 A.2d 1277 WILLIAM JABINE, II ET AL. v. ROY PRIOLA, GUISEPPE PRIOLA AND CHARLES L. CRANE, JR. K/A VILLA ROMANA ITALIAN RESTAURANT, NO. 2, INC., ETC. No. 682, September Term, 1979.Court of Special Appeals of Maryland. Decided April 10, 1980. JURISDICTION — Court Of Special Appeals — To Hear Appeal Involving Liquor License Application […]

370 A.2d 174 EUGENE MICHAEL COLEMAN v. STATE OF MARYLAND. No. 325, September Term, 1976.Court of Special Appeals of Maryland. Decided March 10, 1977. CRIMINAL LAW — EVIDENCE — Statutory Disability Of Wife To Testify Against Husband — In Instant Case Where Wife Expressly Declared Her Willingness To Testify Against Her Husband And His Communication […]

659 A.2d 384 LEWIS HAROLD MURPHY v. STATE OF MARYLAND. No. 1636, September Term, 1994.Court of Special Appeals of Maryland. June 7, 1995. Appeal from the Circuit Court, St. Mary’s County, John H. Briscoe, J. Page 304 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

541 A.2d 170 BOARD OF TRUSTEES OF THE STATE UNIVERSITIES AND COLLEGES, ET AL. v. JAMES V. FINERAN. No. 1425, September Term, 1987.Court of Special Appeals of Maryland. May 13, 1988. Appeal from the Circuit Court, Anne Arundel County, Bruce C. Williams, J. Page 290 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

730 A.2d 221 DARWIN GREEN, A MINOR, ETC. ET AL. v. NORTH ARUNDEL HOSPITAL ASSOCIATION, INC., ET AL. No. 538, September Term, 1998Court of Special Appeals of Maryland. Filed: May 26, 1999 Appeal from the Circuit Court, Anne Arundel County, Salmon, J. Page 395 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

957 A.2d 125 ARONSON COMPANY v. Ellen FETRIDGE et al., Co-Personal Representatives of the Estate of Keith R. Fetridge. No. 00741 September Term, 2007.Court of Special Appeals of Maryland. September 12, 2008. Appeal from the Circuit Court, Montgomery County, Eric M. Johnson, J. Page 651 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

426 A.2d 14 STATE OF MARYLAND v. ROBERT LEE THOMPSON. No. 852, September Term, 1980.Court of Special Appeals of Maryland. Decided March 9, 1981. CRIMINAL LAW — Plea Bargain — Entering Of A Stet In Exchange For Services Of Accused As Informant Is A Plea Bargain To Be Honored By The State As Long As […]