Category: Court of Special Appeals Opinions

269 A.2d 106 STATE OF MARYLAND v. JAMES I. COX. App. No. 122, September Term, 1969.Court of Special Appeals of Maryland. Decided September 16, 1970. POST CONVICTION PROCEDURE — Belated Appeal — Rule Stated — Appeal Not Granted. Rule 719(b) requires that trial counsel advise a convicted accused of his right to appeal; when counsel […]

412 A.2d 1274 HOWARD CHESTER KELLY, JR. v. STATE OF MARYLAND. No. 655, September Term, 1979.Court of Special Appeals of Maryland. Decided April 10, 1980. CONSTITUTIONAL LAW — UNNATURAL OR PERVERTED SEXUAL PRACTICES —Right Of Privacy May Be Constitutionally Protected In Certain Cases — Rule That Right To Privacy Does Not Invalidate Statutes Prohibiting Consensual […]

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 […]

311 A.2d 483 CHARLES KENNETH HOPKINS v. STATE OF MARYLAND. No. 247, September Term, 1973.Court of Special Appeals of Maryland. Decided November 26, 1973. JURIES — CRIMINAL LAW — Challenge To Array — Exclusion Of 18 To 21 Year Olds From Jury Service — Cognizable Group — Exclusion Of 18 To 21 Year Olds From […]

685 A.2d 817 RANDALL CAMPBELL JENKINS v. NELLIE MADOLYN JENKINS. No. 117, September Term, 1996.Court of Special Appeals of Maryland. December 2, 1996. Appeal from the Circuit Court, Anne Arundel County, James C. Cawood, J. Page 391 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

471 A.2d 1079 HANNAH STORCH, ET AL. v. THOMAS B. RICKER, ET AL. No. 203, September Term, 1983.Court of Special Appeals of Maryland. March 2, 1984. Certiorari Denied June 25, 1984. Page 684 Appeal from the Circuit Court, Prince George’s County, James M. Rea, J. Page 685 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

378 A.2d 157 ALBERT M. CAHN v. PRINCE GEORGE’S HOMES, INC. ET AL. No. 337, September Term, 1977.Court of Special Appeals of Maryland. Decided December 12, 1977. TAX SALES — JURISDICTION — Foreclosure — Proceedings Under Article 81 To Foreclose Right Of Redemption — Chancellor Has No Jurisdiction To Deny Party Of Interest Right To […]

784 A.2d 1134 SAMUEL CORNELL HILLARD v. STATE OF MARYLAND No. 692, September Term, 2000Court of Special Appeals of Maryland. Filed: November 6, 2001 Circuit Court, Prince George’s County, Nichols, J., Affirmed in part and reversed in part Page 200 Bradford C. Peabody, Assistant Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, […]

478 A.2d 1172 HOWARD COUNTY, MARYLAND v. BAY HARVESTORE SYSTEM, INC. No. 652, September Term, 1983.Court of Special Appeals of Maryland. August 22, 1984. Appeal from the Circuit Court, Howard County, J. Thomas Nissel, J. Page 20 Paul T. Johnson, Senior Asst. County Sol., with whom was Timothy E. Welsh, County Sol. for Howard County […]

443 A.2d 996 BARRY A. KUHL ET AL. v. AETNA CASUALTY SURETY COMPANY. No. 1089, September Term, 1981.Court of Special Appeals of Maryland. Decided April 13, 1982. TORTS — NEGLIGENCE — EVIDENCE — Admissibility In Evidence Of Certified Copy Of Criminal Docket Entries In Civil Proceeding To Establish Proof Of Intentional Injury By Automobile — […]

310 A.2d 161 WAYNE PHILLIP CARROLL v. STATE OF MARYLAND. No. 49, September Term, 1973.Court of Special Appeals of Maryland. Decided October 24, 1973. CRIMINAL LAW — JURISDICTION — Revisory Power Of Court — Motions After Verdict — Contention That Trial Court Was Without Jurisdiction Because Offense Occurred In Another State, Raised For First Time […]

306 A.2d 554 PAUL MONROE HOWELL v. STATE OF MARYLAND. No. 769, September Term, 1972.Court of Special Appeals of Maryland. Decided July 13, 1973. SEARCHES AND SEIZURES — Search Incidental To Lawful Arrest — Automobile Search — Geographic Extent Of Search Perimeter — Proper Search Incident Extends Not Only To Person Of Arrestee But To […]

365 A.2d 764 WILLIAM BRYANT AND JERRY HORNE v. DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES. No. 229, September Term, 1976.Court of Special Appeals of Maryland. Decided November 1, 1976. INMATE GRIEVANCE COMMISSION ACT — APPEAL — ADMINISTRATIVE PROCEDURE ACT — Article 41, § 204F — Right To Judicial Review Beyond Circuit Court Level — […]

420 A.2d 994 ST. PAUL FIRE AND MARINE INSURANCE COMPANY v. CHARLES J. MOLLOY ET UX. No. 3, September Term, 1980.Court of Special Appeals of Maryland. Decided October 9, 1980. INSURANCE — WAIVER — Insurer May Either Accept Or Deny Liability But If The Insurer Denies Liability, All Defenses Of Which He Has Knowledge At […]

897 A.2d 884 Kira TARACHANSKAYA v. Mikhail VOLODARSKY. No. 1453, September Term, 2005.Court of Special Appeals of Maryland. May 2, 2006. Appeal from the Circuit Court, Baltimore County, Cox, J. Page 588 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 589 [EDITORS’ […]

420 A.2d 982 A.V. LAURINS COMPANY, INC. ET AL. v. PRINCE GEORGE’S COUNTY, MARYLAND. No. 1, September Term, 1980.Court of Special Appeals of Maryland. Decided October 8, 1980. DEEDS — EVIDENCE — Fraudulent Conveyances — Burden Of Proof — Generally, In Action To Set Aside Conveyance Deemed Fraudulent, Burden Of Proof Is On Party Assailing […]

869 A.2d 410 Christopher CORONEOS, et al. v. MONTGOMERY COUNTY, Maryland No. 265, September Term, 2004.Court of Special Appeals of Maryland. March 1, 2005. Appeal from the Circuit Court, Montgomery County, Debelius, J. Page 412 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

906 A.2d 415 Douglas M. ARMSTRONG et al. v. MAYOR AND CITY COUNCIL OF BALTIMORE. No. 1704, Sept. Term, 2004.Court of Special Appeals of Maryland. September 1, 2006. Appeal from the Circuit Court, Baltimore City, M. Brooke Murdock, J. Page 656 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

498 A.2d 679 CHARLES ANDERSON v. DEPARTMENT OF HEALTH AND MENTAL HYGIENE, ET AL. No. 544, September Term, 1985.Court of Special Appeals of Maryland. October 9, 1985. Page 675 Appeal from the Circuit Court, Baltimore City, Marshall A. Levin, J. Page 676 George E. Burns, Jr., Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender […]

471 A.2d 1129 MONTGOMERY COUNTY, MARYLAND v. EDWARD W. SCHULTZE ET AL. No. 562, September Term, 1983.Court of Special Appeals of Maryland. March 6, 1984. Certiorari Granted June 27, 1984. Page 782 Appeal from the Circuit Court, Montgomery County, Rosalyn B. Bell, J. Page 783 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

229 A.2d 723 RONALD J. SMITH v. STATE OF MARYLAND. No. 69, Initial Term, 1967.Court of Special Appeals of Maryland. Decided May 19, 1967. APPEAL — Waiver Of Allegations Not Raised Below. The Court will not ordinarily decide any point or question which does not plainly appear by the record to have been tried and […]

382 A.2d 1099 ROGER FIELDS v. ALFRED S. MORGAN. No. 519, September Term, 1977.Court of Special Appeals of Maryland. Decided March 9, 1978. RES IPSA LOQUITUR — DIRECTED VERDICTS — Evidence Favorable To Defendant In Plaintiff’s Case — Conflicting Evidence As To Cause Of Accident — It Must Not Appear In The Presentation Of The […]

853 A.2d 839 STEVEN G. FRANCZ v. DEBORAH J. FRANCZ. No. 1422, September Term, 2003.Court of Special Appeals of Maryland. Filed: July 15, 2004. Appeal from the Circuit Court, Frederick County, John H. Tisdale, J. Page 677 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

962 A.2d 1007 Melvin CONRAD et ux. v. Otis GAMBLE, Individually et al. No. 1908 September Term, 2007.Court of Special Appeals of Maryland. December 30, 2008. Appeal from the Circuit Court, Prince George’s County, Cathy H. Serrette, J. Page 540 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

251 A.2d 383 VERNON TURNER v. STATE OF MARYLAND. No. 207, September Term, 1968.Court of Special Appeals of Maryland. Decided March 17, 1969. FORGERY AND UTTERING — Evidence Sufficient To Sustain Conviction. Evidence showing that a check was forged and that the accused attempted, with a fraudulent intent, to pass the check is sufficient to […]

549 A.2d 425 C P TELEPHONE COMPANY OF MARYLAND v. SANDRA A. SCOTT. No. 107, September Term, 1988.Court of Special Appeals of Maryland. November 3, 1988. Certiorari Denied January 11, 1989. Appeal from the Circuit Court, Montgomery County, Richard B. Latham. Page 122 Mark I. Cantor, Baltimore, for appellant. James Lee Katz (Rochlin and Settleman, […]

374 A.2d 917 MICHAEL STEVE WODOSLAWSKY v. STATE OF MARYLAND. No. 821, September Term, 1976.Court of Special Appeals of Maryland. Decided July 7, 1977. CRIMINAL LAW — JURISDICTION — Power Of State’s Attorney To Select Forum — State’s Attorney Has The Choice, Subject To Statutory And Constitutional Proscription, To Determine The Mode Or Means He […]

426 A.2d 16 MICHAEL T. ATHANASON v. HELENE C. ATHANASON. No. 834, September Term, 1980.Court of Special Appeals of Maryland. Decided March 10, 1981. DIVORCE — STATUTES — Courts Article, Subtitle 6A Of Title 3 — Property Disposition In Divorce And Annulment Proceedings — Application Of — Legislative Intent — Supplemental Bill Of Complaint Filed […]

535 A.2d 963 STATE OF MARYLAND v. JAMES ANTHONY DESPERTT. No. 560, September Term, 1987.Court of Special Appeals of Maryland. January 14, 1988. Page 621 Appeal from the Circuit Court, Montgomery Court, William C. Miller J. Mary Ellen Barbera, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, Andrew L. Sonner, State’s Atty. for […]

319 A.2d 320 WILLIAM C. CLUSTER AND PHYLLIS I. CLUSTER, ETC. ET AL. v. EDITH MAE COLE. No. 505, September Term, 1973.Court of Special Appeals of Maryland. Decided May 20, 1974. EVIDENCE — Res Gestae — Admissibility Of — Statement Of Unidentified Witness — There Is No Flexible Rule In Determining Whether Certain Statement Or […]

567 A.2d 160 ALBERT P. WARNER v. TOWN OF OCEAN CITY. No. 618, September Term, 1989.Court of Special Appeals of Maryland. December 26, 1989. Page 177 Appeal from the Circuit Court, Worcester County, Theodore R. Eschenburg, J. Page 178 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

418 A.2d 1222 PAS REALTY, INC. v. RONALD G. RAYNE, ASSIGNEE FOR EQUITABLE TRUST COMPANY, SUCCESSOR TO TRUCKERS SAVINGS BANK. No. 1388, September Term, 1979.Court of Special Appeals of Maryland. Decided September 5, 1980. MORTGAGES — FORECLOSURE — Ratification — Sale To Mortgagee Or His Assigns — Courts To Closely Scrutinize Such Sale To Guarantee […]

274 A.2d 131 SUBSEQUENT INJURY FUND v. WILLIAM OLIVER HOWES. No. 253, September Term, 1970.Court of Special Appeals of Maryland. Decided February 25, 1971. WORKMEN’S COMPENSATION — Subsequent Injury Fund — Right Of Appeal By Fund — Judgment Affirmed. Where the Commission had made no award against the Subsequent Injury Fund prior to claimant’s appeal […]

240 A.2d 306 WILLIAM HALLY FRAZIER v. STATE OF MARYLAND. No. 99, September Term, 1967.Court of Special Appeals of Maryland. Decided April 1, 1968. SEARCH AND SEIZURE — Only Unreasonable Searches Are Prohibited By Fourth Amendment — Reasonableness Depends Upon Circumstances. Only unreasonable searches are prohibited by the Fourth Amendment. p. 474 Whether a search […]

792 A.2d 325 FIRST WHOLESALE CLEANERS INC. T/A QUEENS CLEANERS v. DONEGAL MUTUAL INSURANCE COMPANY No. 02828, September Term, 2000Court of Special Appeals of Maryland. Filed: February 28, 2002 Circuit Court, Anne Arundel County, Michael E. Loney, J. Vacated and remanded. Page 25 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

366 A.2d 65 MARY ALICE TERRY v. STATE OF MARYLAND. No. 233, September Term, 1976.Court of Special Appeals of Maryland. Decided December 6, 1976. CRIMINAL LAW — INSTRUCTIONS TO JURY — WITNESSES — EVIDENCE —Hypothetical Question — Expert Witnesses — Use Of — Failure Of Trial Court To Include Prefatory Phrase “Assumed To Be True” […]

516 A.2d 615 IN RE WANDA B., ROBERT B., DEBBIE B. No. 93, September Term, 1986.Court of Special Appeals of Maryland. November 5, 1986. Certiorari Denied March 23, 1987. Appeal from the Circuit Court, Baltimore County, Edward A. DeWaters, Jr., J. Page 106 George E. Burns, Jr., Asst. Public Defender (Alan H. Murrell, Public Defender, […]

761 A.2d 1027 ASSOCIATION, INC., ET AL. v. LEE S. KWON, ET AL. No. 2666, September Term, 1999.Court of Special Appeals of Maryland. Filed: November 9, 2000. The Circuit Court, Baltimore County, Christian M. Kahl, J. Affirmed. Page 179 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

308 A.2d 404 ISAAC JOSEPH JOHNSON v. STATE OF MARYLAND. No. 640, September Term, 1972.Court of Special Appeals of Maryland. Decided August 8, 1973. ASSAULT WITH INTENT TO MURDER — Sufficiency Of Evidence — Testimony Of Victim And His Mother Concerning Stabbings And Their Judicial Identification Of Accused. If Admissible And Believable, Was Legally Sufficient […]

727 A.2d 958 SARAH CARTER v. SHOPPERS FOOD WAREHOUSE MD CORPORATION No. 1158, September Term, 1998Court of Special Appeals of Maryland. Filed: April 13, 1999 Appealed from the Circuit Court, Prince George’s County, Arthur M. Ahalt, J. Page 148 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

585 A.2d 274 HARRY WHINNA LANCASTER v. STATE OF MARYLAND. No. 299, September Term, 1990.Court of Special Appeals of Maryland. February 6, 1991. Certiorari Granted May 1, 1991. Appeal from the Circuit Court, Allegany County, J. Frederick Sharer, J. Page 75 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

678 A.2d 55 MARYLAND COMMISSION ON HUMAN RELATIONS v. DOWNEY COMMUNICATIONS, INC. No. 931, September Term, 1995.Court of Special Appeals of Maryland. June 26, 1996. Appeal from the The Court of Special Appeals, Hollander, J. Page 494 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

311 A.2d 798 WALTER A. YOUNIE v. STATE OF MARYLAND. No. 131, September Term, 1973.Court of Special Appeals of Maryland. Decided November 28, 1973. CRIMINAL LAW — EVIDENCE — Due Process — Suppression Of Favorable And Material Evidence Under Brady v. Maryland — Harmless Error — Lack Of Prejudice — Impeachment Of Prosecution Witness. In […]

18 A.3d 932 Michael S. BARCLAY, et al. v. PORTS AMERICA BALTIMORE, INC. No. 2501, September Term, 2009.Court of Special Appeals of Maryland. April 29, 2011. Appeal from the Circuit Court, Carroll County, J. Barry Hughes, J. Page 570 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

667 A.2d 970 KATHY L. HURL v. BOARD OF EDUCATION OF HOWARD COUNTY. No. 193, September Term, 1995.Court of Special Appeals of Maryland. December 1, 1995. Appeal from the Circuit Court, Howard County, James B. Dudley, J. Page 287 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

698 A.2d 1222 ROBIN L. (WAGNER) SCHWARTZ v. RICHARD B. WAGNER. No. 1503, September Term, 1996.Court of Special Appeals of Maryland. August 29, 1997. Appeal from the Circuit Court, Carroll County, Raymond E. Beck, Sr., J., Page 721 Mercedes Samborsky, Joppatowne, for Appellant. Fred S. Hecker (MacDonald Hecker, P.A., on the brief), Westminster, for Appellee. […]

509 A.2d 727 LAKE SHORE INVESTORS v. RITE AID CORPORATION, ET AL. No. 1222, September Term, 1985.Court of Special Appeals of Maryland. June 5, 1986. Page 744 Shale D. Stiller (Robert B. Levin and Frank, Bernstein, Conaway Goldman, on brief), Baltimore, for appellant. Steven K. Fedder (Leslie C. Bender, Davis, Fedder Allen, M. Albert Figinski, […]

622 A.2d 145 ROBERT PATRICK LIPINSKI v. STATE OF MARYLAND. No. 583, September Term, 1992.Court of Special Appeals of Maryland. March 31, 1993. Appeal from the Circuit Court, Baltimore County, Dana M. Levitz, J. Page 451 Mark Colvin, Asst. Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for appellant. Thomas K. Clancy, […]

422 A.2d 44 ROBERT E. CARTER v. M.V. CONSTRUCTION CORPORATION ET AL. No. 206, September Term, 1980.Court of Special Appeals of Maryland. Decided November 10, 1980. WORKMEN’S COMPENSATION — Compensable Injury — “Coming And Going” Rule — Exceptions To Application Of Rule — Discussed, Analyzed And Applied — Trial Court’s Conclusion Based Upon Evidentiary Facts […]

705 A.2d 29 HARPREET K. MATTA v. GOVERNMENT EMPLOYEES INSURANCE CO. No. 243, September Term, 1997.Court of Special Appeals of Maryland. January 28, 1998. Appeal from the Circuit Court, Montgomery County, Ann S. Harrington, J. Page 335 Affirmed. Page 336 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

458 A.2d 93 TYRONE TEASLEY v. STATE OF MARYLAND. No. 1113, September Term, 1982.Court of Special Appeals of Maryland. Decided April 15, 1983. CRIMINAL LAW — SENTENCE — Sentencing Is Almost Exclusively Within The Broad Discretion Of The Trial Judge — A Sentence Within Statutory Limits That Is Not Motivated By Ill-Will. Prejudice Or Other […]

4 A.3d 17 Kenneth JEFFERSON v. STATE of Maryland. No. 1013, September Term, 2008.Court of Special Appeals of Maryland. September 2, 2010. Appeal from the Circuit Court, Baltimore City, John N. Prevas, J. Page 191 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

338 A.2d 400 CHARLES J. CIRELLI SONS, INC. v. HARFORD COUNTY COUNCIL ET AL. No. 880, September Term, 1974.Court of Special Appeals of Maryland. Decided June 2, 1975. ZONING — Harford County — Where The Council Sitting As The Zoning Board Made Its Decision, Contrary To The Examiner, Based Solely On The Examiner’s Written Decision […]