Category: Court of Special Appeals Opinions

936 A.2d 400 Peter Cormick HEARN v. Pamela HEARN. No. 2761, September Term, 2006.Court of Special Appeals of Maryland. November 30, 2007. Appeal from the Circuit Court, Frederick County, John Tisdale, J. Page 526 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

408 A.2d 777 IN RE: DARRIN M. No. 333, September Term, 1979.Court of Special Appeals of Maryland. Decided December 10, 1979. JUVENILE PROCEEDINGS — Waiver Of Jurisdiction — § 3-817(g) Of The Courts And Judicial Proceedings Article — Summary Review For Purposes Of Waiver — Lack Of Effective Prior Waiver — Summary Review Impermissible Where […]

763 A.2d 252 CARLTON M. GREEN, RECEIVER v. BELLERIVE CONDOMINIUMS LIMITED PARTNERSHIP. No. 2149, September Term, 1999.Court of Special Appeals of Maryland. Filed: November 3, 2000. The Circuit Court, Anne Arundel County, Joseph P. Manck, J. Affirmed. Page 564 Carlton M. Green (Samuel C. Steelman, Jr. and Green, Leitch Steelman, on the brief), College Park, […]

268 A.2d 502 WOODROW WILSON LASHLEY, SR. AND CLAIRE ANITA RYZA v. STATE OF MARYLAND. No. 336, September Term, 1969.Court of Special Appeals of Maryland. Decided August 11, 1970. SEARCH AND SEIZURE — Probable Cause For Issuance Of Warrant. The presence or absence of probable cause to support a search warrant must be determined solely […]

807 A.2d 156 DAYS COVE RECLAMATION COMPANY et al. v. QUEEN ANNE’S COUNTY, MARYLAND No. 1572, September Term, 2001Court of Special Appeals of Maryland. Filed: September 10, 2002 Appeal from Circuit Court, Baltimore City, Joseph H. H. Kaplan, J. Page 470 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

892 A.2d 1164 Walter L. BENNETT, IV v. Melanie WRIGHT. No. 128, September Term, 2004.Court of Special Appeals of Maryland. February 24, 2006. Appeal from The Circuit Court, Anne Arundel County, Caroom, J. Page 292 Cynthia E. Young, Annapolis, for appellant. Jeffrey House, Washington, DC, for appellee. Panel KRAUSER, SHARER and LAWRENCE F. RODOWSKY, (Retired, […]

959 A.2d 130 HILLSMERE SHORES IMPROVEMENT ASSOCIATION, INC. v. D. Gregory SINGLETON, et al. No. 1373 September Term, 2007.Court of Special Appeals of Maryland. October 30, 2008. Appeal from the Circuit Court, Michael E. Loney, J. Page 668 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

949 A.2d 43 DEPARTMENT OF HUMAN RESOURCES, GARRETT COUNTY DEPARTMENT OF SOCIAL SERVICES, BUREAU OF SUPPORT ENFORCEMENT, ex rel. Vicki Jo DUCKWORTH v. Darren Gerald KAMP. No. 2871, September Term, 2006.Court of Special Appeals of Maryland. May 30, 2008. Appeal from the Circuit Court, Garrett County, James L. Sherbin, J. Page 167 [EDITORS’ NOTE: THIS […]

617 A.2d 1134 OHIO CASUALTY INSURANCE COMPANY, v. MARK B. HALLOWELL, PERSONAL REPRESENTATIVE OF THE ESTATE OF ALMA LEE AUGUSTE. No. 409, September Term, 1992.Court of Special Appeals of Maryland. January 7, 1993. Appeal from the Orphans’ Court, Howard County, Rosemary M. Ford, Catherine Waters, and Charles Coles, JJ. Page 445 [EDITORS’ NOTE: THIS PAGE […]

483 A.2d 379 NANCY B. HAMMOND v. DONALD A. ROBINS, ET UX. No. 98, September Term, 1984.Court of Special Appeals of Maryland. November 13, 1984. Appeal from the Circuit Court, Carroll County, Donald J. Gilmore, J. Page 431 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

532 A.2d 1095 IN RE GLORIA T. No. 252, September Term, 1987.Court of Special Appeals of Maryland. November 9, 1987. Certiorari Denied February 24, 1988. Appeal from the Circuit Court, Cecil County, Kenneth A. Wilcox, J. Page 29 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

328 A.2d 64 DANIEL BOYD ROSCOE v. WARDEN, BALTIMORE CITY JAIL. No. 206, September Term, 1974.Court of Special Appeals of Maryland. Decided November 21, 1974. HABEAS CORPUS, WRIT OF — Right To Jury Trial — Right To Jury Trial Guaranteed By Constitution Of United States And Of State Of Maryland Does Not Extend To Factual […]

508 A.2d 996 A. RAYMOND RANDOLPH, JR. v. MARY THERESA ANN RANDOLPH. No. 1163, September Term, 1985.Court of Special Appeals of Maryland. May 15, 1986. Appeal from the Circuit Court, Montgomery County, Stanley J. Frosh, J. Page 578 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

313 A.2d 527 NANCY MORAN, ETC. ET AL. v. RANDY WILLIAMS ET AL. No. 99, September Term, 1973.Court of Special Appeals of Maryland. Decided January 2, 1974. DIRECTED VERDICTS — Judgments N.O.V. — Appellate Review — General Rule By Which Sufficiency Of Evidence Is To Be Tested When Reviewing Propriety Of Trial Court’s Granting Of […]

278 A.2d 674 GEORGE C. MULLINIX, SR. v. MARY E. MULLINIX. No. 614, September Term, 1970.Court of Special Appeals of Maryland. Decided June 28, 1971. CUSTODY OF INFANTS — Rule To Be Applied In Awarding Custody Is What Is In The Best Interest Of The Children. pp. 409-411 CUSTODY OF INFANTS — ADULTERY — Established […]

956 A.2d 223 Rebecca Marie WALDT, et al. v. UNIVERSITY OF MARYLAND MEDICAL SYSTEM CORPORATION, et al. No. 2623, September Term, 2006.Court of Special Appeals of Maryland. September 5, 2008. Appeal from the Circuit Court, Baltimore City, Lynn K. Stewart, J. Page 218 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

699 A.2d 482 EMPIRE FIRE AND MARINE INSURANCE COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY. No. 1591, September Term, 1996.Court of Special Appeals of Maryland. September 3, 1997.[*] [*] Editor’s Note: A June 26, 1997 opinion was previously published at 116 Md. App. 143, but was withdrawn after reconsideration was granted in part. Appeal from the […]

245 A.2d 411 DANIEL CHRISTOPHER KINCER v. STATE OF MARYLAND. No. 266, September Term, 1967.Court of Special Appeals of Maryland. Decided September 16, 1968. STOLEN GOODS — Elements Of Offense Of Receiving Stolen Property — Receiver’s Knowledge That Property Was Stolen May Be Deduced From Circumstantial Evidence — Possession Is Strong Circumstance To Be Considered […]

873 A.2d 458 Rita CHAPPELLE v. Osbourn McCARTER. No. 0411, September Term, 2004.Court of Special Appeals of Maryland. May 3, 2005. Page 164 Appeal from the Circuit Court, Baltimore City, Berger, J. Page 165 Sherrie T. Howell, Baltimore, for appellant. William R. Phelan, Jr. (Ralph S. Tyler, City Solicitor, on brief), for appellee. Panel HOLLANDER […]

570 A.2d 341 ROBERT ANDREW SAWYER, ET AL. v. EDWIN M. HUMPHRIES. No. 1483, September Term, 1989.Court of Special Appeals of Maryland. March 1, 1990. Certiorari Granted July 10, 1990. Appeal from the Circuit Court, Carroll County, Luke K. Burns, Jr., J. Page 73 Judith S. Stainbrook and Stephen P. Bourexis, Westminster, for appellants. Millicent […]

416 A.2d 23 HOWARD COUNTY, MARYLAND ET AL. v. WILLIAM P. DORSEY. No. 1141, September Term, 1979.Court of Special Appeals of Maryland. Decided June 12, 1980. ZONING — APPEAL — Applicable Standard Of Judicial Review From Administrative Agencies — Appellate Court Not To Substitute Its Judgment For That Of Board And Where Initial Decision Is […]

815 A.2d 931 IN RE ANDREW A. No. 0726, September Term, 2002Court of Special Appeals of Maryland. Filed: January 31, 2003 Appealed from the Circuit Court, Montgomery County. Page 413 Nancy C. Hopkins, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General on the brief), Baltimore, for appellant. Mary J. Pizzo, Assistant Public Defender (Stephen […]

648 A.2d 1047 NORMAN C. BERNHARDT v. HARTFORD FIRE INSURANCE COMPANY. No. 1754, September Term, 1993.Court of Special Appeals of Maryland. October 26, 1994. Certiorari Granted March 10, 1995. Appeal from the Circuit Court, Montgomery County, James L. Ryan, J. Page 46 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

20 A.3d 117 PEOPLE’S INSURANCE COUNSEL DIVISION v. ALLSTATE INSURANCE COMPANY, et al. No. 1949, September Term, 2009.Court of Special Appeals of Maryland. May 10, 2011. Appeal from the Circuit Court, Baltimore City, Carol E. Smith, J. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

314 A.2d 693 MILDRED LITZ, PERSONAL REPRESENTATIVE OF THE ESTATE OF JENNIE V. MURRAY v. HUTZLER BROTHERS CO. No. 235, September Term, 1973.Court of Special Appeals of Maryland. Decided February 13, 1974. NEGLIGENCE — Speed Of Revolving Doors By Third Person Users — In Claims For Injuries Brought About By Sudden Increases Of Speed Of […]

232 A.2d 535 NIMROD DAVIS, JR. AND RONALD PETERSON v. STATE OF MARYLAND. No. 102, Initial Term, 1967.Court of Special Appeals of Maryland. Decided August 3, 1967. TRIAL — Presence Of Accused — Motion To Sequester Co-Defendants Properly Denied. The accused shall be present at every stage of the trial. Rule 775; Maryland Declaration of […]

519 A.2d 806 IN RE ZEPHRIN D. No. 528, September Term, 1986.Court of Special Appeals of Maryland. January 14, 1987. Appeal from the Circuit Court, Baltimore City, J. Carroll Byrnes, J. Page 756 George E. Burns, Jr., Asst. Public Defender (Alan H. Murrell, Public Defender on the brief), Baltimore, for appellant. Norman Smith, Asst. Atty. […]

910 A.2d 553 Frank Sam JULES v. STATE of Maryland. Nos. 2035, 2377, September Term, 2005.Court of Special Appeals of Maryland. November 1, 2006. Appeal from The Circuit Court, Howard County, Sweeney, J. Page 459 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

474 A.2d 1369 ADRIAN ALONZO JOYCE v. STATE OF MARYLAND. No. 1193, September Term, 1983.Court of Special Appeals of Maryland. May 16, 1984. Appeal from the Circuit Court, Anne Arundel County, Bruce C. Williams, J. Page 238 Ellen Luff, Annapolis, with whom was Gill Cochran, Annapolis, on the brief, for appellant. Ann E. Singleton, Asst. […]

380 A.2d 225 STATE OF MARYLAND v. JOSEPH L. STATCHUK. No. 109, September Term, 1977.Court of Special Appeals of Maryland. Decided December 7, 1977. CRIMINAL LAW — Speedy Trial — Application Of Balancing Test — Factors Weighed In Balancing Process — A Delay Of Ten Months And Eleven Days In The Instant Case Is Of […]

392 A.2d 1140 MAYOR AND CITY COUNCIL OF BALTIMORE v. MARTHA AUSTIN, ETC. No. 179, September Term, 1978.Court of Special Appeals of Maryland. Decided November 3, 1978. TRIALS — WITNESSES — DISCOVERY — Use Of Deposition At Trial As If That Of Adverse Witness — Senior Director Of City Recreational Agency Found To Be “Managing […]

506 A.2d 656 DANA ROMERO TINNEN v. STATE OF MARYLAND. Nos. 842, 843 and 844, September Term, 1985.Court of Special Appeals of Maryland. April 3, 1986. Certiorari Denied June 26, 1986. Page 94 Appeal from the Circuit Court, Prince George’s County, Audrey E. Melbourne, J. Page 95 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

283 A.2d 418 NELSON LEROY HENDERSON v. STATE OF MARYLAND. No. 97, September Term, 1971.Court of Special Appeals of Maryland. Decided November 15, 1971. EVIDENCE — CONSPIRACY — NARCOTIC DRUGS — Admissibility Of Hearsay Statements Of Co-Conspirators As Exceptions To Hearsay Rule — Where Several Persons Are Proved To Have Unlawfully Conspired To Commit A […]

723 A.2d 542 KERWIN STICKNEY AND SCOTT FISHER v. STATE OF MARYLAND No. 556, September Term, 1998.Court of Special Appeals of Maryland. January 29, 1999. Page 643 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 644 Margaret L. Lanier, Assistant Public Defender […]

741 A.2d 533 GLENN IVAN ROSENBERG v. STATE OF MARYLAND No. 1772, September Term, 1998Court of Special Appeals of Maryland. December 3, 1999 Appeal from the Circuit Court, Montgomery County, J. James McKenna, J. Page 222 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

244 A.2d 899 REGINALD SAVAGE v. DIRECTOR, PATUXENT INSTITUTION. No. 149, September Term, 1967.Court of Special Appeals of Maryland. Decided August 14, 1968. DEFECTIVE DELINQUENTS — Psychiatrist’s Report Constituted Sufficient Evidence To Support Determination Of Defective Delinquency — Questions As To Weight Of Evidence Are Not Available On Application For Leave To Appeal In Non-Jury […]

653 A.2d 532 CHESTER HAVEN BEACH PARTNERSHIP v. BOARD OF APPEALS FOR QUEEN ANNE’S COUNTY. No. 794, September Term, 1994.Court of Special Appeals of Maryland. February 9, 1995. Appeal from the Circuit Court, Queen Anne’s County, J. Owen Wise, J. Page 325 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

316 A.2d 263 CITIZENS PLANNING AND HOUSING ASSOCIATION ET AL. v. COUNTY EXECUTIVE OF BALTIMORE COUNTY ET AL. No. 467, September Term, 1973.Court of Special Appeals of Maryland. Decided March 11, 1974. DECLARATORY JUDGMENTS — Standing To Bring Suit — Maryland Taxpayers Have Standing To Challenge Constitutionality Of Statute When Statute, As Applied, Increases Their […]

339 A.2d 360 OLIVER F. PERKINS v. STATE OF MARYLAND. No. 901, September Term, 1974.Court of Special Appeals of Maryland. Decided June 3, 1975. CRIMINAL LAW — INDICTMENTS — Dismissal Of Charges At Preliminary Hearing Not Bar To Subsequent Indictment On Same Charges — Claim Of Double Jeopardy And Collateral Estoppel — Preliminary Hearing Not […]

421 A.2d 985 JAMES THOMAS PORTER v. STATE OF MARYLAND. No. 1649, September Term, 1979.Court of Special Appeals of Maryland. Decided November 7, 1980. CRIMINAL LAW — EVIDENCE — Admissibility Of Statement Procured In Violation Of M.D.R. 723 a — Where Delay Is Within Outer Limits Of Rule — Burden Upon State To Prove Eight-Hour […]

364 A.2d 81 BRUCE EDWARD WENTWORTH v. STATE OF MARYLAND. No. 1352, September Term, 1975.Court of Special Appeals of Maryland. Decided October 7, 1976. DEFECTIVE DELINQUENTS — Expert Testimony — Opinion Of Psychologist — Psychologist, Though Otherwise Qualified As An Expert Witness, May Not Render An Opinion On The Ultimate Issue Of Defective Delinquency, Whether […]

297 A.2d 328 BETTY JEAN KRAFT v. STATE OF MARYLAND. No. 86, September Term, 1972.Court of Special Appeals of Maryland. Decided December 4, 1972. SEARCHES AND SEIZURES — Warrant — Application For Warrant — Probable Cause — Determination Of Probable Cause Must Be Made Solely From Four Corners Of Application — Statement By Affiant Of […]

388 A.2d 550 JOHN H. MEARS, JR. v. BRUCE, INC. No. 81, September Term, 1978.Court of Special Appeals of Maryland. Decided July 11, 1978. ADMINISTRATIVE LAW — APPEAL — B Rules — Dismissal Of Appeal For Failure To Comply With Time Requirements Was Erroneous Where Failure To Timely File Exhibits With Record And Transcript Was […]

766 A.2d 1049 WILSON A. RIVERA v. VICTORIA A. ZYSK No. 2682, September Term, 1999.Court of Special Appeals of Maryland. Filed: February 8, 2001. The Circuit Court, Baltimore County, J. Norris Byrnes, J. Affirmed in part; reversed in part. Page 608 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

332 A.2d 296 STATE OF MARYLAND v. WALTER P. RICE ET UX. No. 475, September Term, 1974.Court of Special Appeals of Maryland. Decided February 19, 1975. TRESPASS — STATUTES — Statutory Waiver Of Sovereign Immunity — Article 21, § 12-112 — Statute Not Applicable Only To Entry Upon Land With Owner’s Permission Or Under Court […]

242 A.2d 595 CLARENCE BROWN, JR. AND CLARENCE BROWN, SR. v. STATE OF MARYLAND. No. 254, September Term, 1967.Court of Special Appeals of Maryland. Decided June 7, 1968. WITNESSES — Trial Court Not Obligated To Believe Accused. There is no obligation on the part of the trial judge to accept the testimony of the accused. […]