Category: Court of Special Appeals Opinions

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. […]

603 A.2d 1301 THE TRAVEL COMMITTEE, INC., ET AL., v. PAN AMERICAN WORLD AIRWAYS, INC. No. 848 September Term, 1991.Court of Special Appeals of Maryland. April 7, 1992. Appeal from the Circuit Court, Baltimore County, Joseph F. Murphy, Jr., J. Page 124 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

17 A.3d 754 Eric ESPINOSA v. STATE of Maryland. No. 888, September Term, 2010.Court of Special Appeals of Maryland. April 5, 2011. Appeal from the Circuit Court, Montgomery County, David A. Boyton, J. Page 355 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

598 A.2d 858 TERRY LAKE v. MARK JONES, ET AL. No. 191, September Term, 1991.Court of Special Appeals of Maryland. December 5, 1991. Appeal from the Circuit Court for Baltimore City, David Ross, J., Page 580 P. Paul Cocoros, Baltimore, for appellant. Gilbert Rosenthal (Rosenthal, Kaufman Ries, P.A., on the brief), Baltimore, for appellees. Argued […]

493 A.2d 364 ERNEST EDWARD KACKLEY v. STATE OF MARYLAND. No. 1193, September Term, 1984.Court of Special Appeals of Maryland. June 7, 1985. Appeal from the Circuit Court for Washington County, Fred C. Wright, III, J. Page 533 Jonathan Scott Smith, Assigned Public Defender of Ellicott City, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on […]

354 A.2d 440 ALBERT BRODSKY AND SAMUEL SLAVIN, T/A ELMWOOD VENTURE, ETC. v. PRINCEMONT CONSTRUCTION CO. No. 252, September Term, 1975.Court of Special Appeals of Maryland. Decided March 24, 1976. SUBROGATION — ASSIGNMENTS — WAIVER — Rights Of Insurance Company As Subrogee In Paying Fire Loss No Greater Than Rights Of Insured Assignor — Construction […]

547 A.2d 1080 DAVID A. PARKER, ET UX. v. NEIGHBORHOOD THEATERS, INC., ET AL. No. 1727, September Term, 1987.Court of Special Appeals of Maryland. September 30, 1988. Certiorari Denied November 29, 1988. Appeal from the Circuit Court, Prince George’s County, Graydon S. McKee, III, J. Page 591 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

798 A.2d 26 SHIRLEY ANGELINI v. HARFORD COUNTY, MARYLAND. No. 1497, September Term, 2001.Court of Special Appeals of Maryland. Filed: May 7, 2002. Circuit Court of Harford County, Emory A. Plitt, Jr., J. Page 370 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

951 A.2d 885 Brandon WASHINGTON v. STATE of Maryland. No. 1709 September Term, 2006.Court of Special Appeals of Maryland. July 1, 2008. Appeal from the Circuit Court, Baltimore City, Shirley M. Watts, J. Page 459 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

411 A.2d 1090 FREE STATE BANK TRUST COMPANY v. A. JAMES ELLIS. No. 865, September Term, 1979.Court of Special Appeals of Maryland. Decided March 7, 1980. BANKS AND BANKING — EVIDENCE — Standard Of Care Required — Burden Of Proof — In Suit Against Bank For Negligence Expert Testimony Not Required To Establish Deviation From […]

908 A.2d 665 Peter G. MANIAN, et al. v. COUNTY COUNCIL FOR MONTGOMERY COUNTY, Maryland, Sitting as the District Council, et al. No. 1305, September Term, 2005.Court of Special Appeals of Maryland. September 29, 2006. Appeal from The Circuit Court, Montgomery County, Thompson, J. Page 39 David W. Brown, Rockville, for appellant. Clifford L. Royalty […]

564 A.2d 95 PRINCE GEORGE’S COUNTY, MD. v. BLONDINE SURRATT, ET AL. No. 102, September Term, 1989.Court of Special Appeals of Maryland. October 2, 1989. Certiorari Granted December 28, 1989. Appeal from the Circuit Court, Prince George’s County, Jacob S. Levin, J. Page 416 Michael P. DeGeorge (Linowes and Blocher, on the brief), Silver Spring, […]

319 A.2d 129 JOSEPH GALEANO ET UX. v. DANIEL GALEANO ET UX. No. 860, September Term, 1973.Court of Special Appeals of Maryland. Decided May 17, 1974. APPEAL — Issue Not Decided Below Is Not Before Court On Appeal — Contention That Intervenor’s Judgment In Foreclosure Proceeding Was Superior To Mortgage Lien Because It Was Obtained […]

579 A.2d 1185 GRUBB CONTRACTORS v. DONALD W. ABBOTT, ET UX. No. 1811, September Term, 1989.Court of Special Appeals of Maryland. September 28, 1990. Appeal from the Circuit Court, Howard County, Raymond J. Kane, Jr., J. Page 385 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

813 A.2d 342 AKIL JABARI ROEBUCK v. STATE OF MARYLAND No. 01799, SEPTEMBER TERM, 2001Court of Special Appeals of Maryland. Filed: December 23, 2002 Appealed from the Circuit Court, Harford County, Stephen M. Waldron, J. Page 564 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

551 A.2d 477 ABRAHAM TEFERI v. DUPONT PLAZA ASSOCIATES. No. 464, September Term, 1988.Court of Special Appeals of Maryland. January 5, 1989. Appeal from the Circuit Court, Montgomery County, James S. McAuliffe, Jr., J. Page 567 Gary S. Marx and Larry S. Solomon (Marx Krame, on the brief), Washington, D.C., for appellant. David Barmak (Claudis […]

501 A.2d 1373 JOHN DENNIS INGERSOLL v. STATE OF MARYLAND. No. 376, September Term, 1985.Court of Special Appeals of Maryland. January 9, 1986. Appeal from the Circuit Court for Baltimore County, James S. Sfekas, J. Page 754 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

407 A.2d 773 METROPOLITAN MORTGAGE FUND, INC. v. GEORGE BASILIKO ET UX. No. 185, September Term, 1979.Court of Special Appeals of Maryland. Decided November 8, 1979. SUMMARY JUDGMENT — Denial Of — Appellate Review — Scope Of — Not Within Purview Of Appellate Court To Backtrack In Proceedings Tried On Merits And To Render Decision […]

346 A.2d 458 ROFRA, INC. v. BOARD OF EDUCATION, PRINCE GEORGE’S COUNTY, MARYLAND. No. 109, September Term, 1975.Court of Special Appeals of Maryland. Decided November 4, 1975. CONTRACTS — Invitation To Bid Or Negotiate Is Not An Offer But The Bid Or Tender Is An Offer Which Creates No Right Until Accepted — Since There […]

396 A.2d 282 RAYMOND GRADY SHOPE v. STATE OF MARYLAND. No. 455, September Term, 1978.Court of Special Appeals of Maryland. Decided January 11, 1979. CRIMINAL LAW — EVIDENCE — Sufficiency Of — To Convict — Child Abuse — Testimony Of Injured Child, Visual and Auditory Observations Of Witnesses, Photographic Indications Of Assaultive Force And Supportive […]

448 A.2d 363 WILLIAM HENRY MEDLEY v. STATE OF MARYLAND. No. 1696, September Term, 1981.Court of Special Appeals of Maryland. Decided July 14, 1982. CRIMINAL LAW — APPEAL — Scope Of Appellate Review — Md. Rule 1085 — Failure Of Trial Court To Comply With Md. Rule 757d — Counsel’s Corresponding Failure To Raise Timely […]

262 A.2d 69 RONNIE ADAMS v. STATE OF MARYLAND. No. 102, September Term, 1969.Court of Special Appeals of Maryland. Decided February 12, 1970. INFANTS — Presumption As To Criminal Responsibility. At common law, an individual below the age of seven years cannot be found guilty of committing a crime; an individual above fourteen years charged […]

766 A.2d 219 MAYOR AND CITY COUNCIL OF BALTIMORE v. BALTIMORE CITY FIREFIGHTERS, LOCAL 734, I.A.F.F., ET AL. No. 0181, September Term, 2000.Court of Special Appeals of Maryland. Filed: February 5, 2001. Page 513 The Circuit Court, Baltimore County, John C. Themelis, J. Reversed and remanded. Page 514 William R. Phelan, Jr., Principal Counsel (David […]

640 A.2d 751 MAYOR AND COUNCIL OF ROCKVILLE v. THOMAS J. WALKER, JR., SUBSTITUTE TRUSTEE. No. 189, September Term, 1993.Court of Special Appeals of Maryland. May 6, 1994. Appeal from the Circuit Court, Montgomery County, William M. Cave, J. Page 241 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

615 A.2d 1205 MARY ELIZABETH HANKE v. DAN WOLF HANKE. No. 77, September Term, 1992.Court of Special Appeals of Maryland. November 25, 1992. Appeal from the Circuit Court, Harford County, Cypert O. Whitfill, J. Mercedes C. Samborsky, Joppatowne, for appellant. No brief or appearance by appellee’s counsel. Page 66 Submitted before BISHOP, ROSALYN B. BELL […]

395 A.2d 145 MARYLAND PORT ADMINISTRATION v. I.T.O. CORPORATION OF BALTIMORE. No. 176, September Term, 1978.Court of Special Appeals of Maryland. Decided December 6, 1978. SOVEREIGN IMMUNITY — State — Contract — Removal Of State Agency Immunity By Legislature — Availability Of Sovereign Immunity Defense In Suit On Contract To Successor Agency Where Predecessor Agency, […]

237 A.2d 531 GARFIELD ARNOLD HAYES v. STATE OF MARYLAND. No. 308, Initial Term, 1967.Court of Special Appeals of Maryland. Decided January 24, 1968. EVIDENCE — Admissibility Of Photographs — Discretion Of Trial Court — Photograph Of Murder Victim Properly Admitted. Photographs are admissible to illustrate and explain relevant matters, and their admissibility into evidence […]

405 A.2d 345 CALVIN STONE v. STATE OF MARYLAND. No. 1198, September Term, 1978.Court of Special Appeals of Maryland. Decided September 10, 1979. SENTENCE — PROBATION — Although Statutes Give Trial Judge Broad Grant Of Discretionary Authority To Place Defendants On Probation, Its Power To Impose Conditions Of Probation Not Unlimited — In Absence Of […]

492 A.2d 643 ONE (1) MOTOR VEHICLE TO WIT: 1983 TOYOTA v. STATE OF MARYLAND. No. 1202, September Term, 1984.Court of Special Appeals of Maryland. May 15, 1985. Appeal from the Circuit Court, Baltimore County, Kenneth Johnson, J. Page 209 Jack B. Rubin, Baltimore (Walker, Rubin and Van Bavel, P.A., Baltimore, on the brief), for […]

747 A.2d 214 CHARLES JOSWICK ET UX. v. CHESAPEAKE MOBILE HOMES, INC., ET AL. No. 402, September Term, 1999.Court of Special Appeals of Maryland. March 2, 2000. Appeal from the Circuit Court, Harford County, William O. Carr, J. Page 494 Andrea G. Green, Newark, DE, for appellants. Amy Leete Leone (Robert B. Hetherington and McCarthy, […]

401 A.2d 1047 PATRICIA HOY ET AL. v. RALPH C. BOYD. No. 608, September Term, 1978.Court of Special Appeals of Maryland. Decided June 6, 1979. ZONING — Reclassification — Special Exception — Claimed Mistake In Existing Zoning Classification Grounded Upon Modification Of Master Plan — It Is Mistake In Comprehensive Zoning Plan And Not In […]

300 A.2d 405 FRANK L. HARRINGTON v. STATE OF MARYLAND. No. 314, September Term, 1972.Court of Special Appeals of Maryland. Decided February 21, 1973. CENSORSHIP — STATUTES — Article 66A, § 19(a) And 20 — A Criminal Statute Must Be Sufficiently Explicit So As To Enable A Person Of Ordinary Intelligence To Ascertain What It […]

893 A.2d 625 Seth GOLDBERG v. Billy BOONE. No. 558, September Term, 2004.Court of Special Appeals of Maryland. March 1, 2006. Appeal from the Circuit Court, Montgomery County, Dugan, J. Page 411 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 412 [EDITORS’ […]

733 A.2d 351 IN RE JASON ALLEN D. No. 1457, September Term, 1998Court of Special Appeals of Maryland. July 12, 1999 Appeal from Circuit Court of Fredick County, John H. Tisdale, J. Page 457 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

431 A.2d 761 SYLVESTER E. HARPER v. AMARYLLIS M. HARPER. No. 1609, September Term, 1980.Court of Special Appeals of Maryland. Decided July 10, 1981. REMOVAL OF CASES — EQUITY — Change Of Venue — Common Law Discretionary Power Of Removal Never Available In An Equity Or Divorce Case. pp. 341-342 TRIALS — Recusal — Whether […]

824 A.2d 977 TRIP ASSOCIATES, INC. et al v. MAYOR AND CITY COUNCIL OF BALTIMORE. No. 1733, September Term, 2001.Court of Special Appeals of Maryland. Filed: May 28, 2003. Circuit Court of Baltimore City, John C. Byrnes, J. Page 168 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

581 A.2d 846 METROPOLITAN LIFE INSURANCE COMPANY v. PROMENADE TOWERS MUTUAL HOUSING CORPORATION. No. 94, September Term, 1990.Court of Special Appeals of Maryland. November 8, 1990. Appeal from the Circuit Court, Montgomery County, William M. Cave, J. Page 703 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

14 A.3d 1266 POMERANC-BURKE, LLC v. WICOMICO ENVIRONMENTAL TRUST, LTD., et al. No. 2492, September Term, 2009.Court of Special Appeals of Maryland. March 2, 2011. Appeal from the Circuit Court, Wicomico County, W. Newton Jackson, III, J. Page 715 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

234 A.2d 890 JAMES CLYDE WOODELL AND JAMES RODNEY MERCER v. STATE OF MARYLAND. No. 322, Initial Term, 1967.Court of Special Appeals of Maryland. Decided November 16, 1967. EVIDENCE — Evidence Need Not Be Positively Connected With Accused Or Crime Committed In Order To Render It Admissible. Evidence need not be positively connected with the […]

523 A.2d 1015 RONALD MELVIN SODEN v. STATE OF MARYLAND. No. 989, September Term, 1986.Court of Special Appeals of Maryland. April 13, 1987. Appeal from the Circuit Court, Baltimore County, A. Owen Hennegan, J. Page 2 Laurie Mikva, Asst. Public Defender (Alan H. Murrell, Public Defender, on the brief), Baltimore, for appellant. John S. Bainbridge, […]

511 A.2d 560 MONTGOMERY COUNTY, MARYLAND, ET AL. v. ANTHONY K. McDONALD. No. 1507, September Term, 1985.Court of Special Appeals of Maryland. July 10, 1986. Appeal from the Circuit Court, Montgomery County, Stanley D. Frosh, J. Page 308 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

354 A.2d 499 SANDRA BARNES v. STATE OF MARYLAND. No. 724, September Term, 1975.Court of Special Appeals of Maryland. Decided March 31, 1976. CRIMINAL LAW — EVIDENCE — APPEAL — Shoplifting — Trial On Statement Of Facts — Conflicts Of Fact — To Be Sufficient In Law To Justify A Conviction, Admissible Evidence Adduced Must […]

488 A.2d 182 EDWARD A. GRIFFITH v. ONE INVESTMENT PLAZA ASSOCIATES. EDWARD A. GRIFFITH v. THE TOWSON INVESTMENT BUILDING, INC. Nos. 693, 694, September Term, 1984.Court of Special Appeals of Maryland. February 15, 1985. Appeal from the Circuit Court, Baltimore County, Austin W. Brizendine, J. Page 2 T. Bruce Hanley, Towson, for appellant. Harris James […]

439 A.2d 607 ELLSWORTH JOHNSON v. STATE OF MARYLAND. No. 609, September Term, 1981.Court of Special Appeals of Maryland. Decided January 12, 1982. SEARCHES AND SEIZURES — Stop And Frisk — Justification For — After Anonymous Voluntary Informant’s Tip — Articulable Suspicion To Attempt Stop And Frisk — Where Anonymous Informant Voluntarily Approaches Officer And […]

380 A.2d 252 FRANK EDWARD HENSLEY v. DEBORAH S. RICH ET AL. No. 361, September Term, 1977.Court of Special Appeals of Maryland. Decided December 14, 1977. EVIDENCE — Out-Of-Court Statement To Police Investigator — Admissibility Of — As Exception To Hearsay Rule — Trial Judge Abused Discretion In Refusal To Admit Out-Of-Court Declaration Of Infant […]

402 A.2d 101 KAREN LYNN FRIED v. STATE OF MARYLAND. No. 1122, September Term, 1978.Court of Special Appeals of Maryland. Decided June 8, 1979. CRIMINAL LAW — EVIDENCE — Inculpatory Statement — Admissibility Of — Failure To Provide Miranda Warning Prior To First Written Confession Which Was Ruled Inadmissible Does Not Ipso Facto Taint Subsequent […]

284 A.2d 41 WILFORD R. BRASWELL v. RONALD LEE BURRUS. No. 85, September Term, 1971.Court of Special Appeals of Maryland. Decided December 2, 1971. AUTOMOBILES — Negligence — Pedestrian — A Pedestrian Is A Person On Foot On Or Near A Public Highway And Whether He Has Exercised Reasonable Care Is Ordinarily Left To Jury […]

659 A.2d 361 ANZELO JONES AKA ANGELO JONES v. STATE OF MARYLAND. No. 1492, September Term, 1994.Court of Special Appeals of Maryland. June 6, 1995. Appeal from the Circuit Court, Baltimore City, David Ross, J. Page 258 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

598 A.2d 830 JOHN LAVON BURGESS v. STATE OF MARYLAND. No. 94, September Term, 1991.Court of Special Appeals of Maryland. December 4, 1991. Appeal from the Circuit Court, Prince George’s County, William D. Missouri, J., Page 523 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

313 A.2d 696 CHARLES DANIEL CAREY v. STATE OF MARYLAND. No. 359, September Term, 1973.Court of Special Appeals of Maryland. Decided January 11, 1974. FALSE PRETENSES — Crime Of — Proof Necessary To Establish — Ownership Of Property — Sufficiency Of Evidence — Crime Of False Pretenses Requires Proof Of Fraudulent Acquisition Of Ownership Not […]