Category: Court of Special Appeals Opinions

931 A.2d 537 Allan J. CULVER v. MARYLAND INSURANCE COMMISSIONER. No. 2508, September Term, 2005.Court of Special Appeals of Maryland. September 7, 2007. Page 646 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 647 Allan J. Culver, Bel Air, pro se. Kathleen […]

360 A.2d 443 JOHN HENRY SQUIRE v. STATE OF MARYLAND. No. 1171, September Term, 1975.Court of Special Appeals of Maryland. Decided July 23, 1976. CRIMINAL LAW — INSTRUCTIONS TO JURY — APPEAL — Jury Instructions In Case Tried After Mullaney v. Wilbur Which Violated The Principles Announced In That Case In Placing Burden On Defendant […]

251 A.2d 40 CHARLES J. LUTHARDT v. STATE OF MARYLAND. No. 194, September Term, 1968.Court of Special Appeals of Maryland. Decided March 10, 1969. APPEAL — Question Not Properly Preserved For Appeal. The question of the constitutionality of Code (1957), Art. 27, § 123 was not before the Court of Special Appeals, where it had […]

304 A.2d 853 CHRISTINE HOWARD v. STATE OF MARYLAND. No. 513, September Term, 1972.Court of Special Appeals of Maryland. Decided June 1, 1973. PLEADING — Guilty Plea — Knowledge Of Maximum Sentence — Record Must Show Accused Knew Maximum Sentence To Which He Was Subjecting Himself Before A Tendered Plea Of Guilty Can Be Accepted […]

300 A.2d 436 DOROTHY J. MUDRICK ET VIR v. JERRY LEE WEAKLEY ET AL. No. 245, September Term, 1972.Court of Special Appeals of Maryland. Decided February 23, 1973. INSTRUCTIONS TO JURY — Nature Of — Claim Of Prejudicially Incomplete Instructions — Purpose Of Oral Charge Is To Tell Jury In Simple Words What Law Is […]

701 A.2d 1113 THE BOARD OF COMMUNITY COLLEGE TRUSTEES FOR BALTIMORE COUNTY — ESSEX COMMUNITY COLLEGE v. JANE ADAMS ET AL. No. 1379, September Term, 1996.Court of Special Appeals of Maryland. July 8, 1997. Reconsideration Denied September 24, 1997. Appeal from the Circuit Court, Baltimore County, John Grason Turnbull, J. Page 663 [EDITORS’ NOTE: THIS […]

282 A.2d 516 NATHANIEL BROOKS, ROSCOE EDWARD KEATON AND HOWARD LEE PATTERSON v. STATE OF MARYLAND. No. 649, September Term, 1970.Court of Special Appeals of Maryland. Decided October 18, 1971. CRIMINAL LAW — Search Warrants — Probable Cause — Conclusory Statements Without Underlying Facts By Affiant That Probable Cause Exists Are Not Adequate To Support […]

441 A.2d 1079 ATLANTIC RICHFIELD COMPANY v. CORNELIUS F. SYBERT, JR. ET AL. No. 718, September Term, 1981.Court of Special Appeals of Maryland. Decided March 2, 1982. ATTORNEY AND CLIENT — EVIDENCE — Brokerage Agreement — Existence Of Between Attorneys And Their Client — Burden Of Proof Required To Establish — Where, As Here, There […]

442 A.2d 190 IN RE: DAVID D. No. 701, September Term, 1981.Court of Special Appeals of Maryland. Decided March 2, 1982. JUVENILE PROCEEDINGS — Statutory Mailing Presumption Of Maryland Rule 306(c)(3) Is Applicable To Juvenile Proceedings As Maryland Rules Of Procedure Regarding Civil Cases Apply To Juvenile Proceedings. pp. 72-73 Appeal from the Circuit Court […]

412 A.2d 1287 ROBERT UHLER v. SECRETARY OF HEALTH AND MENTAL HYGIENE. No. 833, September Term, 1979.Court of Special Appeals of Maryland. Decided April 11, 1980. ADMINISTRATIVE LAW — NOTICE — Absence Of Notice Of Right To Administrative Appeal Of Ex Parte Order Of Secretary Of Health And Mental Hygiene Barring Landowner From Operating A […]

424 A.2d 1111 RICHARD BROWN ET UX. v. PRINCE GEORGE’S COUNTY, MARYLAND ET AL. No. 743, September Term, 1980.Court of Special Appeals of Maryland. Decided February 9, 1981. APPEAL — From Final Judgment — Md. Rule 605 (a) — Application Of — Mere Overruling Demurrer Of Counterclaim Not Final Judgment From Which Appeal Lies Nor […]

565 A.2d 390 WARREN E. TYDINGS, SR., ET AL. v. BERK ENTERPRISES, ET AL. No. 282, September Term, 1989.Court of Special Appeals of Maryland. November 6, 1989. Appeal from the Circuit Court, Montgomery County, J. James McKenna, J. Page 635 Albert D. Brault (Janet S. Zigler and Brault, Graham, Scott Brault, on the brief), Rockville, […]

531 A.2d 1028 THOMAS R. JORDAN v. STATE OF MARYLAND. No. 63, September Term, 1987.Court of Special Appeals of Maryland. October 8, 1987. Appeal from the Circuit Court for Baltimore City, David Ross, J. Page 529 Mark Colvin, Asst. Public Defender (Alan H. Murrell, Public Defender, on brief), Baltimore, for appellant. Norman L. Smith, Asst. […]

286 A.2d 778 KATHRYN BRADLEY JACKSON v. RICHARD RIDER JACKSON. No. 341, September Term, 1971.Court of Special Appeals of Maryland. Decided February 2, 1972. DIVORCE — Jurisdiction Of Equity Court To Order Transfer Of Real Property Or Personalty From One Spouse To Another — Maryland Code, Article 16, § 28 And Maryland Rule S77 b […]

639 A.2d 147 PATTY MORRIS, ET AL. v. OSMOSE WOOD PRESERVING, ET AL. No. 732, September Term, 1993.Court of Special Appeals of Maryland. February 25, 1994. Reconsideration Granted in Part and Opinion Corrected May 6, 1994. Appeal from the Circuit Court for Montgomery County, William M. Cave, J. Page 647 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

465 A.2d 1181 ARTHUR V. KING v. HOWARD R. BANKERD. No. 1758, September Term, 1982.Court of Special Appeals of Maryland. Decided October 6, 1983. REAL PROPERTY — ABANDONMENT — Title To Property Cannot Be Lost Without An Intention To Abandon It — Mere Non-Use, Though Long-Continued, Is Not Enough, Of Itself, To Establish An Abandonment […]

899 A.2d 170 Garrison THOMAS v. STATE of Maryland No. 398, September Term, 2004.Court of Special Appeals of Maryland. May 25, 2006. Appeal from the Circuit Court, Charles County, Amy J. Bragunier, J. Page 683 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

885 A.2d 920 Ernest James MYERS v. STATE of Maryland No. 233, September Term, 2005.Court of Special Appeals of Maryland. November 4, 2005. Appeal from the Circuit Court, Washington County, Boone, J., and Wright, J. Page 503 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

24 A.3d 167 HNS DEVELOPMENT, LLC v. PEOPLE’S COUNSEL FOR BALTIMORE COUNTY, et al. No. 639, September Term, 2010.Court of Special Appeals of Maryland. July 8, 2011. Appeal from the Circuit Court, Baltimore County, Patrick Cavanaugh, J. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

668 A.2d 980 SUSANNE M. LEE, ET AL. v. MARYLAND NATIONAL CAPITAL PARK AND PLANNING COMMISSION, ET AL. No. 311, September Term, 1995.Court of Special Appeals of Maryland. December 28, 1995. Reconsideration Denied February 27, 1996. Appeal from the Circuit Court, Montgomery County, Vincent Ferretti, J. Page 487 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

284 A.2d 667 JAMES HARLEY JENKINS v. STATE OF MARYLAND. No. 314, September Term, 1971.Court of Special Appeals of Maryland. Decided December 22, 1971. CRIMINAL LAW — EVIDENCE — Prior Inconsistent Statements By “Surprise Witness” — Where Party Offering Witness Satisfies Court That Testimony Is Contrary To What Was Expected And Is Taken By Surprise, […]

923 A.2d 952 Mario AYALA v. STATE of Maryland. No. 943, September Term, 2005.Court of Special Appeals of Maryland. May 23, 2007. Appeal from the Circuit Court, Prince George’s County, C. Philip Nichols, Jr., J. Page 648 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

560 A.2d 48 ANDREW C. BOYER, ET AL. v. STATE OF MARYLAND, ET AL. No. 1784, September Term, 1988.Court of Special Appeals of Maryland. July 3, 1989. Certiorari Granted November 28, 1989. Appeal from the Circuit Court, Charles County, Richard J. Clark, J. Page 102 Christopher K. Mangold (Koonz, McKenney Johnson, on the brief), Landover, […]

422 A.2d 50 JOSEPH D’ANNA, JR. v. SECRETARY OF PERSONNEL. No. 211, September Term, 1980.Court of Special Appeals of Maryland. Decided November 12, 1980. ADMINISTRATIVE LAW — MERIT SYSTEM — State Employees Personnel Regulation 06.01.01.13 Providing For An Employee’s Promotion Without Competitive Examination Which Appellant Contends Was In Conflict With The Legislative Scheme Was Itself […]

474 A.2d 530 ROBERT WILLIAM MATTHEWS v. STATE OF MARYLAND. No. 693, September Term, 1983.Court of Special Appeals of Maryland. May 7, 1984. Appeal from the Circuit Court, Queens Anne’s County, Clayton C. Carter, J. Page 16 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

321 A.2d 827 MATTER OF ANN JACKSON. No. 761, September Term, 1973.Court of Special Appeals of Maryland. Decided July 15, 1974. JUVENILE PROCEEDINGS — Master’s Adjudicatory Hearing — Ungovernable Child Beyond Control Of Parents In Need Of Supervision — Exceptions To Master’s Findings And Recommendations — Hearing De Novo — Maryland Rule 908 e 3 […]

658 A.2d 1172 ARLENA BEEMAN v. DEPARTMENT OF HEALTH MENTAL HYGIENE. No. 1353, September Term, 1994.Court of Special Appeals of Maryland. June 2, 1995. Appeal from the Circuit Court, Allegany County, J. Frederick Sharer, J. Page 148 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

338 A.2d 335 ROBIN EXPRESS TRANSFER, INC. v. CANTON RAILROAD COMPANY. No. 467, September Term, 1974.Court of Special Appeals of Maryland. Decided May 28, 1975. NEGLIGENCE — EVIDENCE — Circumstantial Evidence — Function Of Court In Determination As To Whether Jury Should Consider — Trial Judge Required To Decide Whether Inference Of Negligence Is Legitimate […]

422 A.2d 1031 NORTHLAND INSURANCE COMPANY v. H. DAVID WALLS, IND. T/A H.D. WALLS TRUCKING COMPANY ET AL. No. 243, September Term, 1980.Court of Special Appeals of Maryland. Decided December 11, 1980. INSURANCE — MOTOR VEHICLES — Notice Of Cancellation For Failure To Make Payment — Under Policy In This Case Insurer Obligated Itself To […]

545 A.2d 81 MARTINE SCOTT v. PRINCE GEORGE’S COUNTY DEPARTMENT OF SOCIAL SERVICES, ET AL. No. 1382, September Term, 1987.Court of Special Appeals of Maryland. August 4, 1988. Certiorari Denied November 29, 1988. Appeal from the Circuit Court, Prince George’s County, Robert H. Mason, J. Page 358 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

396 A.2d 547 WORLD WIDE IMPORTED CAR COMPANY, LTD. ET AL. v. THE SAVINGS BANK OF BALTIMORE. No. 556, September Term, 1978.Court of Special Appeals of Maryland. Decided January 16, 1979. RES JUDICATA — Application Of Doctrine — As Defense To Action Where Issues Either Were Or Could Have Been Raised In Prior Proceeding By […]

335 A.2d 199 RENEE BAUZIERE SAULSBURY ET AL. v. THE DENTON NATIONAL BANK. No. 289, September Term, 1974.Court of Special Appeals of Maryland. Decided April 10, 1975. WILLS — TRUSTS — Counsel Fees — From Trust Assets By Trustee Called Upon To Defend Its Administration Of Trust Estate — Where Suit Is Aborted By Original […]

240 A.2d 646 JAMES THOMAS v. STATE OF MARYLAND. No. 177, September Term, 1967.Court of Special Appeals of Maryland. Decided April 18, 1968. APPEAL — Waiver Of Contentions Not Raised Below. Appellant’s contention as to the conduct of a police lineup in which he appeared Page 709 was not properly before the Court of Special […]

918 A.2d 565 BANK OF AMERICA CORPORATION v. Lynne Margaret GIBBONS. No. 0033, September Term, 2006.Court of Special Appeals of Maryland. March 13, 2007. Appeal from the Circuit Court, Harford County, Carr, J. Page 262 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

955 A.2d 794 Abdul SAMIE v. STATE of Maryland. No. 894, September Term, 2006.Court of Special Appeals of Maryland. September 3, 2008. Appeal from the Circuit Court, Baltimore City, Murdock, J. Page 60 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 61 […]

398 A.2d 528 JACK R. GROVER v. STATE OF MARYLAND. No. 784, September Term, 1978.Court of Special Appeals of Maryland. Decided March 12, 1979. APPEAL — Competency Of Counsel — The Issue Of Competency Of Counsel Not Being Raised Or Considered By The Trial Court Will Not Be Considered For The First Time On Appeal. […]

436 A.2d 515 ALLEGHENY MUTUAL INSURANCE COMPANY v. STATE OF MARYLAND. No. 294, September Term, 1981.Court of Special Appeals of Maryland. Decided November 5, 1981. FORFEITURES — Striking Out Forfeiture Of Bail — Refund Of Collateral Under Article 27, § 616 27, § 1/2 (d)(1) — Maryland Rule 722 i 2 Must Be Read In […]

255 A.2d 470 STATE OF MARYLAND v. BENJAMIN BARRY MAGLIANO. No. 433, September Term, 1968.Court of Special Appeals of Maryland. Decided June 23, 1969. ESCAPE — Statutory Crime Encompasses Both “Simple Escape” And “Breach Of Prison” — Aiding Or Assisting In Escape — Principal In Second Degree — Accessory Before Fact Is Principal But Accessory […]

371 A.2d 140 STATE OF MARYLAND v. ROBERT MICHAEL WILSON. No. 1366, September Term, 1975.Court of Special Appeals of Maryland. Decided March 8, 1977. CONSTITUTIONAL LAW — Sixth Amendment Right To Speedy Trial — Here, Between Institution Of Criminal Proceedings And Hearing On Sixth Amendment Claim, Time Period Of Four Years, One Month And Twenty-Six […]

322 A.2d 564 JOSEPH EUGENE WYNN v. STATE OF MARYLAND. No. 876, September Term, 1973.Court of Special Appeals of Maryland. Decided July 19, 1974. CRIMINAL LAW — Plea Bargaining — Disposition Of Criminal Charges — Generally, Where Defendant’s Plea Rests On Promise Or Agreement Of Prosecutor So As To Become Part Of An Inducement Or […]

750 A.2d 602 EDWARD S. GOLDSTEIN v. 91ST STREET JOINT VENTURE ET AL. No. 5538, September Term, 1998.Court of Special Appeals of Maryland. April 26, 2000. Page 547 Raymond S. Smethurst, Jr. (Robert B. Taylor and Adkins, Potts Smethurst, LLP, on the brief), Salisbury, for appellant. Stephen J. Nolan (C. William Clark and Nolan, Plumhoff […]

560 A.2d 42 THACH LE v. FEDERATED DEPARTMENT STORES, INC. T/A BLOOMINGDALE’S. No. 1667, September Term, 1988.Court of Special Appeals of Maryland. July 3, 1989. Certiorari Granted November 28, 1989. Appeal from the Circuit Court for Montgomery County, William C. Miller, J. No appearance by appellant’s counsel (Court submitted case on brief). Thomas B. Morrison […]

402 A.2d 105 ALLEN W. PRATT ET AL. v. MARYLAND FARMS CONDOMINIUM PHASE 1, INC. No. 1102, September Term, 1978.Court of Special Appeals of Maryland. Decided June 8, 1979. NEGLIGENCE — Landlord — Duty Of — To Invitee Where Electrical Easement Crosses Property — Standard Of Liability Of Possessors Of Land With Regard To Invitees […]

900 A.2d 243 Paul DEL MARR v. MONTGOMERY COUNTY, Maryland. No. 2789, Sept. Term, 2004.Court of Special Appeals of Maryland. June 5, 2006. Appeal from the Circuit Court, Montgomery County, Durke Thompson, J. Page 188 Douglas M. Gross (Chirumbole, Gross Conrad, P.C. on the brief), Gaithersburg, for appellant. Wendy B. Karpel (Sharon V. Burrell, Charles […]

574 A.2d 345 VAYA CONDIOS SHUMAN v. STATE OF MARYLAND. No. 1500, September Term, 1989.Court of Special Appeals of Maryland. June 5, 1990. Appeal from the Circuit Court, Baltimore City, John N. Prevas, J. Page 320 Victoria S. Keating, Asst. Public Defender (Alan H. Murrell, Public Defender, on the brief), Baltimore, for appellant. Ann N. […]

647 A.2d 1271 RICHARD LEE HUTCHINS v. STATE OF MARYLAND. No. 1701, September Term, 1993.Court of Special Appeals of Maryland. September 29, 1994. Appeal from the Circuit Court, Calvert County, Thomas A. Rymer, J. Page 641 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

234 A.2d 625 RICHARD LANE JONES v. STATE OF MARYLAND. No. 271, Initial Term, 1967.Court of Special Appeals of Maryland. Decided November 10, 1967. ROBBERY — Evidence — Victim’s Positive Identification May Be Sufficient To Support Conviction — Credibility Is For Trier Of Facts To Determine. A victim’s positive identification, alone, of the defendant, if […]

403 A.2d 830 RALPH PRITTS SONS, INC. v. WILLIAM C. BUTLER ET UX. No. 1387, September Term, 1978.Court of Special Appeals of Maryland. Decided July 13, 1979. NEGLIGENCE — INSTRUCTIONS TO JURY — Business Invitee On Premises — After Business Hours — Standard Of Care Required Such Invitee — From State Of Record Evidence Adduced […]

263 A.2d 871 JEROME JULIUS PINKNEY v. STATE OF MARYLAND. No. 323, September Term, 1969.Court of Special Appeals of Maryland. Decided April 6, 1970. APPEAL — No Constitutional Right To Appellate Review. A defendant convicted of a criminal offense in a state prosecution has no constitutional right to appellate review of the judgment against him. […]

640 A.2d 230 DAVID LEVOID MURPHY v. STATE OF MARYLAND. No. 1106, September Term, 1993.Court of Special Appeals of Maryland. April 28, 1994. Appeal from the Circuit Court, Baltimore County, John Grason Turnbull, J. Page 132 Nancy M. Cohen, Asst. Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for appellant. Kreg Paul […]