Category: Court of Special Appeals Opinions

899 A.2d 976 In re JOHN F., Jr. and Shawn F. No. 1741, Sept. Term, 2005.Court of Special Appeals of Maryland. June 2, 2006. Appeal from the Circuit Court, Washington County, Boone, J. Page 172 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

560 A.2d 1145 WILLIAM G. HUGHES v. PATRICIA A. HUGHES. No. 1660, September Term, 1988.Court of Special Appeals of Maryland. July 21, 1989. Appeal from the Circuit Court, Montgomery County, Paul H. Weinstein, J. Page 217 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

434 A.2d 582 MURRAY I. RESNICK v. SOLOMON KAPLAN ET AL., ETC. No. 873, September Term, 1980.Court of Special Appeals of Maryland. Decided September 2, 1981. PARTNERSHIPS — Dissolution Of — Allocation Of Legal Fees Received By Parties After Dissolution — Rights Of Partners As To Application Of Partnership Property Upon Dissolution — Maryland Corporations […]

524 A.2d 807 STATE OF MARYLAND v. JAMES KING. Post Conviction No. 1 September Term, 1987.Court of Special Appeals of Maryland. May 6, 1987. Certiorari Granted August 3, 1987. Page 230 Appeal from the Circuit Court, Baltimore City, Clifton J. Gordy, J. Page 231 Julius Silvestri, Asst. State’s Atty. for Baltimore City, with whom was […]

578 A.2d 314 WILLIAM T. LAYMAN, II, ET AL. v. ROSALIE ANN LAYMAN, PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLIAM T. LAYMAN, ET AL. No. 1684, September Term, 1989.Court of Special Appeals of Maryland. August 31, 1990. As Amended November 8, 1990. Appeal from the Circuit Court, Washington County, Frederick C. Wright, III, J. Page […]

677 A.2d 634 ROBIN S. STEEL ET AL. v. CAPE CORPORATION. No. 1541, September Term, 1995.Court of Special Appeals of Maryland. June 4, 1996. Appeal from the Circuit Court, Anne Arundel County, Bruce C. Williams, J. Page 2 Richard A. DeTar (Miles Stockbridge, P.A., on the brief), Easton, for Appellants. Harry C. Blumenthal (Sager A. […]

378 A.2d 197 LEONARD COUPLIN v. STATE OF MARYLAND. No. 69, September Term, 1977.Court of Special Appeals of Maryland. Decided October 18, 1977. CRIMINAL LAW — JURIES — Voir Dire — Neither Mere Acquaintance With An Individual Or Group, Nor Mere Relationship To Witnesses Other Than Parties, Is Sufficient Basis For Cause — Bias On […]

827 A.2d 850 CHARLES HENRY STEWART, JR. v. STATE OF MARYLAND No. 2594 September Term, 2001Court of Special Appeals of Maryland. Filed: June 26, 2003 Appeal from Circuit Court, St. Mary’s County, Raley, J. Page 426 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

635 A.2d 77 JEAN L. BETZ v. STATE OF MARYLAND. No. 656, September Term, 1993.Court of Special Appeals of Maryland. January 6, 1994. Appeal from the Circuit Court, Howard County, James B. Dudley, J. Page 61 Richard R. Titus (Michael J. Budow and Budow Noble, P.C., on the brief), Ellicott City, for appellant. Julia M. […]

458 A.2d 1250 FERNANDO J. MARTINEZ v. NANCY LOPEZ ET AL. No. 1084, September Term, 1982.Court of Special Appeals of Maryland. Decided April 14, 1983. STATUTES — Uniform Contribution Among Tort-Feasors Act — Article 50, § 16-24 — Purpose And Effect Of Statute — Contribution Rights Between Joint Tortfeasors — Effect Of Release Under § […]

740 A.2d 46 DEXTER STANCIL v. ERIE INSURANCE COMPANY, ET AL. No. 1259, September Term, 1998.Court of Special Appeals of Maryland. November 1, 1999. Appealed from The Circuit Court, Prince George’s County, C. Philip Nichols, J. Catherine Collins (Jeffrey L. Harding and Sasscer, Clagett Bucher, on the brief), Upper Marlboro, for appellant. Amy Leete Leone […]

850 A.2d 1204 WILLIAM NICHOLSON v. STATE OF MARYLAND. No. 1718, September Term 2003.Court of Special Appeals of Maryland. Filed: June 8, 2004. Appealed from Circuit Court, John N. Prevas, J.. Denied Page 305 Lawrence B. Rosenberg (Jack B. Rubin, FLynn M. Owens on the brief), Baltimore, for Appellant. Steven L. Holcomb (J. Joseph Curran, […]

445 A.2d 1050 RICHARD G. LETT A/K/A THOMAS RICHARD LETT v. STATE OF MARYLAND. No. 1040, September Term, 1981.Court of Special Appeals of Maryland. Decided June 2, 1982. CRIMINAL LAW — CONTINUANCE — Of Suppression Hearing — Absence Of Witness — Criteria For Determining Grant Or Denial Of Request For Continuance — Lies Within Sound […]

422 A.2d 71 IN RE: DARIUS A., PERSEPHONE A. AND GERMAINE A. No. 259, September Term, 1980.Court of Special Appeals of Maryland. Decided November 13, 1980. JUVENILE PROCEEDINGS — JURISDICTION — Petition For Guardianship With Right To Consent To Adoption Within Jurisdiction Of Circuit Court, Not Juvenile Court — Juvenile Court May Not Enjoin Department […]

632 A.2d 163 CHRISTOPHER JOHN ALBRECHT v. STATE OF MARYLAND. No. 1122, September Term, 1992.Court of Special Appeals of Maryland. October 27, 1993. Appeal from the Circuit Court, Montgomery County, Peter J. Messitte, J., Page 631 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

322 A.2d 220 McRAE ANDERSON ET AL. v. BOARD OF APPEALS, TOWN OF CHESAPEAKE BEACH, MD. ET AL. No. 531, September Term, 1973.Court of Special Appeals of Maryland. Decided July 12, 1974. ZONING — Variance — Special Exception — “Practical Difficulty” And “Unnecessary Hardship” In Owner’s Reasonable Use Of Land Or Building Involved Was Not […]

242 A.2d 828 CHARLES IRVIN DANIELS v. DIRECTOR, PATUXENT INSTITUTION. No. 135, September Term, 1967.Court of Special Appeals of Maryland. Decided June 13, 1968. POST CONVICTION PROCEDURE — Application For Leave To Appeal — Denial For Failure To State Reasons For Reversal Or Modification. An application for leave to appeal may be denied where it […]

377 A.2d 530 EAST COAST FREIGHT LINES, INC. ET AL. v. RAY L. HARRIS. No. 1057, September Term, 1976.Court of Special Appeals of Maryland. Decided September 13, 1977. WORKMEN’S COMPENSATION — Temporary Total Disability — Award Of — Continuing Jurisdiction Of Commission — Authority Of Commission To Entertain Filing Of Issues Challenging Passage Of Award […]

908 A.2d 111 MAYOR AND CITY COUNCIL OF BALTIMORE v. NEIGHBORHOOD RENTALS, INC. et al. No. 1585, September Term, 2005.Court of Special Appeals of Maryland. September 21, 2006. Page 672 Appeal from The Circuit Court, Baltimore City, W. Michel Pierson, J. Page 673 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

732 A.2d 356 STEVE NAM, ET AL. v. MONTGOMERY COUNTY, MARYLAND, ET AL. No. 1089, September Term, 1998Court of Special Appeals of Maryland. July 1, 1999 Appeal from Circuit Court for Montgomery County, Ann S. Harrington, J. Page 173 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

736 A.2d 395 ADRIENE RYAN WEAR v. STATE OF MARYLAND No. 1242, September Term, 1998.Court of Special Appeals of Maryland. Filed: September 2, 1999 Appeal from the Circuit Court, Frederick County, John H. Tisdale, J. Page 657 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

409 A.2d 761 PAUL B. GANLEY ET AL. v. G AND W LIMITED PARTNERSHIP ET AL. No. 523, September Term, 1979.Court of Special Appeals of Maryland. Decided January 11, 1980. CONTRACTS — EVIDENCE — Equitable Estoppel — Commission For Sale Of Realty — When Silence May Constitute Contractual Consent — Where, As Here, Method Of […]

712 A.2d 606 SHARON LEE WRIGHT v. G. HOWARD PHIPPS. No. 1788, September Term, 1997.Court of Special Appeals of Maryland. July 2, 1998. Appeal from the Circuit Court, Baltimore County, John Owen Hennegan, J. Page 481 Affirmed. Page 482 James L. Mayer, Columbia, for appellant. Stuart N. Braiterman, Towson, for appellee. Submitted before MOYLAN and […]

313 A.2d 700 HERCULES WILLIAMS v. STATE OF MARYLAND. No. 195, September Term, 1973.Court of Special Appeals of Maryland. Decided January 3, 1974. CRIMINAL LAW — JURIES — Sequestration Of Jury — Jurors In A Criminal Action May, At Any Time Before Submission Of Case To Jury, In Discretion Of Court, Be Permitted To Separate […]

359 A.2d 104 ORNDORFF SPAID, INC. v. DEPARTMENT OF LICENSING AND REGULATION ET AL. No. 936, September Term, 1975.Court of Special Appeals of Maryland. Decided June 28, 1976. STATUTES — Construction Of — Courts May Not Attempt Under Guise Of Construction, To Supply Omissions Or Remedy Possible Defects In A Statute, Or To Insert Exceptions […]

286 A.2d 798 TERRY JOSEPH PHILLIPS v. ROSALIND B. MILLS ET AL. No. 346, September Term, 1971.Court of Special Appeals of Maryland. Decided February 2, 1972. INTEREST — JUDGMENTS — No Interest On Judgment Was Permitted At Common Law However By Statutory Enactment And Later By Rule It Is Provided That A Judgment On A […]

486 A.2d 785 KENNETH BARBEE v. HECHT COMPANY, ET AL. No. 510, September Term, 1984.Court of Special Appeals of Maryland. January 11, 1985. Appeal from the Circuit Court, Prince George’s County, Albert T. Blackwell, Jr., J. Page 357 Leonard J. Ralston, Jr., Rockville (Ashcraft Gerel, Rockville, on the brief), for appellant. Sophia L. Swope, Asst. […]

481 A.2d 804 PATRICIA LEA DEBLASI v. STATE OF MARYLAND. No. 1502, September Term, 1983.Court of Special Appeals of Maryland. October 4, 1984. Appeal from the Circuit Court, Harford County, Brodnax Cameron, Jr., J. Page 155 Robert L. Miller, Jr., Bel Air, for appellant. Christine Steiner, Asst. Atty. Gen., with whom were Stephen H. Sachs, […]

386 A.2d 1254 PEOPLES NATIONAL BANK OF MARYLAND v. AMERICAN FIDELITY FIRE INSURANCE COMPANY. No. 1214, September Term, 1977.Court of Special Appeals of Maryland. Decided June 13, 1978. NEGOTIABLE INSTRUMENTS — CONVERSION — Payment By Bank In Absence Of Necessary Indorsement — Tantamount To Conversion — Where Check Was Made Payable To Two Payees Only […]

287 A.2d 316 LEEVONN CLOUD v. STATE OF MARYLAND. No. 312, September Term, 1971.Court of Special Appeals of Maryland. Decided February 10, 1972. CRIMINAL LAW — Bail Bond — Revocation In Mid-Trial — Maryland Rule 777 — Where Accused Was Free On Bail Prior To Trial Under A Property Bond Posted By His Parents, Trial […]

565 A.2d 348 WALTER INGRAM v. STATE OF MARYLAND. No. 195, September Term, 1989.Court of Special Appeals of Maryland. November 2, 1989. Certiorari Denied December 5, 1989. Appeal from the Circuit Court, Baltimore City, Clifton Gordy, J. Page 548 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

761 A.2d 344 ZURICH INSURANCE COMPANY v. PRINCIPAL MUTUAL INSURANCE COMPANY, ET AL. Nos. 1716 2327, September Term, 1999Court of Special Appeals of Maryland. Filed: November 2, 2000 The Circuit Court, Montgomery County, D. Warren Donohue, J. Reversed. Page 644 J. Marks Moore, III (West Moore, LLC, on the brief), Baltimore, for appellant. Thomas M. […]

598 A.2d 479 AARON TUCKER v. STATE OF MARYLAND. No. 109, September Term, 1991.Court of Special Appeals of Maryland. November 26, 1991. Appeal from the Circuit Court, Montgomery County, William C. Miller, J., Sherrie B. Glasser, Asst. Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for appellant. Mary Ellen Barbera, Asst. Atty. […]

780 A.2d 383 ALFONS JAMES POHOPEK v. McELROY TRUCK LINES, INC. No. 1314, September Term, 2000Court of Special Appeals of Maryland. Filed: September 5, 2001 Appealed from the Circuit Court, St. Mary’s County. Page 236 David M. Kopstein (Dross, Levenstein Perilman Kopstein, Seabrook, Irving Dross, Dross, Levenstein, Perilman Kopstein, Waldorf, on the brief), for appellant. […]

489 A.2d 76 CAROL MILLER, ET AL. v. FORTY WEST BUILDERS, INC. No. 947, September Term, 1984.Court of Special Appeals of Maryland. March 14, 1985. Appeal from the Circuit Court, Baltimore County, Austin Brizendine, J. Page 321 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

243 A.2d 897 RONALD HARRY SMITH v. WARDEN, MARYLAND PENITENTIARY. No. 144, September Term, 1967.Court of Special Appeals of Maryland. Decided July 15, 1968. POST CONVICTION PROCEDURE — Application For Leave To Appeal — Denial For Failure To State Reason For Reversal Or Modification. An application for leave to appeal may be denied where it […]

468 A.2d 698 DALLAS HENRY DAVIS, JR. v. STATE OF MARYLAND. No. 293, September Term, 1983.Court of Special Appeals of Maryland. December 16, 1983. Page 695 Appeal from the Circuit Court, Montgomery County, William M. Cave, J. Page 696 Louis P. Willemin, Asst. Public Defender, with whom was Alan H. Murrell, Public Defender, on brief, […]

766 A.2d 211 COLLEEN VICTORIA O’BRIEN v. WILLIAM ROBERT O’BRIEN. No. 3017, September Term, 1999.Court of Special Appeals of Maryland. Filed: February 2, 2001. The Circuit Court, Montgomery County, William P. Turner, J. Page 498 Reversed and remanded. Page 499 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

667 A.2d 940 KAREN A. PATTEN v. BOARD OF LIQUOR LICENSE COMMISSIONERS FOR BALTIMORE CITY. No. 97, September Term, 1995.Court of Special Appeals of Maryland. November 30, 1995. Appeal from the Circuit Court, Baltimore City, John Carroll Byrnes, J. Page 225 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

531 A.2d 706 GEORGE R. AUD v. STATE OF MARYLAND. No. 98, September Term, 1987.Court of Special Appeals of Maryland. October 7, 1987. Appeal from the Circuit Court, St. Mary’s County, Jacob S. Levin, J. Page 509 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

943 A.2d 636 Susan Lane SINGLEY, et al. v. COUNTY COMMISSIONERS OF FREDERICK COUNTY, Maryland, et al. No. 2536, September Term, 2006.Court of Special Appeals of Maryland. March 4, 2008. Appeal from the Circuit Court, Frederick County, John H. Tisdale, J. Page 659 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

277 A.2d 639 ANTHONY WILLIAM HAZELL v. STATE OF MARYLAND. No. 486, September Term, 1970.Court of Special Appeals of Maryland. Decided June 2, 1971. JUVENILE PROCEEDINGS — Waiver Hearing — No Infirmity Exists In Using Relevant Social Records Of A Juvenile As An Aid By Which To Determine Whether Juvenile Jurisdiction Should Be Waived So […]

426 A.2d 410 DOROTHY M. GOLDIN v. MILTON GOLDIN. No. 879, September Term, 1980.Court of Special Appeals of Maryland. Decided March 5, 1981. MARRIAGE — Common-Law Marriage — Validity Of — In State Where Permissible — Intent Of Parties — Maryland Will Recognize Common-Law Marriage If Valid Where Contracted — Absent Showing Of Valid Marriage […]

233 A.2d 371 WILLIAM EDGAR SMITH AND DAVID LEE WHISMAN v. STATE OF MARYLAND. No. 176, Initial Term, 1967.Court of Special Appeals of Maryland. Decided September 26, 1967. REMOVAL OF CAUSES — Rule In Capital Cases — Assistance Of Counsel In Suggesting Removal — Affidavit Need Not Be Based Upon Personal Knowledge Of Affiant — […]

372 A.2d 243 JAMES REED, JR. v. STATE OF MARYLAND. No. 655, September Term, 1976.Court of Special Appeals of Maryland. Decided April 7, 1977. CRIMINAL LAW — EVIDENCE — Admissibility Of “Voiceprint” — Spectrographic Analysis Evidence, Under Proper Safeguards, Admissible In Maryland — Spectrograms Having Now Gained General Acceptance In Particular Field In Which It […]

431 A.2d 727 BLUE SHIELD OF MARYLAND, INC. ET AL. v. THE WARD MACHINERY COMPANY ET AL. BLUE CROSS OF MARYLAND, INC. v. INSURANCE COMMISSIONER OF MARYLAND. No. 1297, September Term, 1980.Court of Special Appeals of Maryland. Decided July 8, 1981. INSURANCE — STATUTES — Article 48A, § 355(b)(6) — Nonprofit Health Service Plan — […]