Category: Court of Special Appeals Opinions

367 A.2d 51 JOHN ELMER HERSHBERGER, III ET UX. v. JOHN ELMER HERSHBERGER ET UX. No. 356, September Term, 1976.Court of Special Appeals of Maryland. Decided December 30, 1976. EQUITY — Support Agreement — Offsetting Expenditures — Where Support Agreement Breached Court Of Equity Has Power To Require Return Of Entire Amount Given Under Agreement […]

634 A.2d 982 JAIME MAURICIO PINETA v. STATE OF MARYLAND. No. 377, September Term, 1993.Court of Special Appeals of Maryland. December 30, 1993. Appeal from the Circuit Court, Montgomery County, Irma S. Raker, J. Page 615 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

538 A.2d 779 THERESA MARCIANNA LAWRENCE, INDIVIDUALLY, ETC. v. EDWIN LAWRENCE, JR. No. 1041 September Term, 1987.Court of Special Appeals of Maryland. March 8, 1988. Appeal from the Circuit Court, Baltimore County, A. Owen Hennegan, J. Page 473 J. Michael McLaughlin, Jr., Towson, for appellant. Thomas C. Ries (Frank, Bernstein, Conaway Goldman, on the brief), […]

412 A.2d 1251 JULIE LITTLE ET AL. v. UNION TRUST COMPANY OF MARYLAND, PERSONAL REPRESENTATIVE OF THE ESTATE OF SIDNEY H. TINLEY, JR. ET AL. No. 524, September Term, 1979.Court of Special Appeals of Maryland. Decided April 9, 1980. LANDLORD AND TENANT — Third Party Beneficiary — What Constitutes — Tenants In Case At Bar […]

671 A.2d 515 TORRENCE YOUNG v. PROGRESSIVE CASUALTY INSURANCE COMPANY. No. 757, September Term, 1995.Court of Special Appeals of Maryland. February 8, 1996. Appeal from the Circuit Court, Prince George’s County, Robert J. Woods, J. Page 234 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

518 A.2d 151 PROGRESSIVE CASUALTY INSURANCE COMPANY v. ROBERT E. EHRHARDT, ET AL. No. 348, September Term, 1986.Court of Special Appeals of Maryland. December 8, 1986. Appeal from the Circuit Court, Howard County, Robert F. Fischer, J. Page 432 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

470 A.2d 838 FRANK P. CARLOTTA ET UX. v. T.R. STARK ASSOCIATES, INC. No. 464, September Term, 1983.Court of Special Appeals of Maryland. February 6, 1984. Page 468 Appeal from the Circuit Court, Baltimore County, Walter R. Haile, J. Standish McCleary, Towson, with whom was Edward L. Blanton, Jr., Towson, on the brief, for appellants. […]

689 A.2d 1247 THE STATE BOARD OF ARCHITECTS v. JAMES CLARK. No. 633, September Term, 1996.Court of Special Appeals of Maryland. February 27, 1997. Appeal from the Circuit Court, Kent County, J. Frederick Price, J. Page 248 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

289 A.2d 7 WILBUR McCORD v. STATE OF MARYLAND. No. 389, September Term, 1971.Court of Special Appeals of Maryland. Decided March 28, 1972. APPEAL — Issues Not Raised In Trial Court Are Not Before Appellate Court On Appeal. The Court held that the issues of adequacy of counsel, denial of right to separate trials and […]

981 A.2d 822 MONARC CONSTRUCTION, INC. v. ARIS CORPORATION et al. No. 1584, September Term, 2008.Court of Special Appeals of Maryland. October 5, 2009. Appeal from the Circuit Court, Montgomery County, Rubin, J. Page 378 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

471 A.2d 327 DON J. PEOPLES v. STATE OF MARYLAND. No. 590, September Term, 1983.Court of Special Appeals of Maryland. February 10, 1984. Certiorari Denied June 7, 1984. Appeal from the Circuit Court, Baltimore City, Basil A. Thomas J. Mark Colvin, Assigned Public Defender, with whom was Alan H. Murrell, Public Defender, on brief, for […]

5 A.3d 750 George John BERESKA, Jr. v. STATE of Maryland. No. 742, September Term, 2009.Court of Special Appeals of Maryland. September 17, 2010. Appeal from the Circuit Court, Calvert County, Warren J. Krug, J. Page 665 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

774 A.2d 1229 CHANDER KANT, et ux. v. MONTGOMERY COUNTY, MARYLAND No. 1560, September Term, 1999.Court of Special Appeals of Maryland. Filed: June 29, 2001. Page 158 The Circuit Court, Montgomery County, Paul A. McGuckian, J., affirmed. Appeal dismissed. Chander Kant and Ashima Kant, Short Hills, NJ, for appellants. Charles W. Thompson, Jr., County Atty. […]

420 A.2d 281 GARY PAUL DONALDSON v. STATE OF MARYLAND. No. 752, September Term, 1979.Court of Special Appeals of Maryland. Decided October 8, 1980. SEARCHES AND SEIZURES — Art. 27, § 551 — Execution Of Search Warrant — Time Alloted For — Where Statute Requires Service Within 15 Days And Warrant Requires Search “Forthwith” — […]

490 A.2d 745 TYRONE DARNELL ELIAS v. STATE OF MARYLAND. No. 1050, September Term, 1984.Court of Special Appeals of Maryland. April 11, 1985. Appeal from the Circuit Cout, Kent County, George B. Rasin, Page 570 Jr., J. Mark Colvin, Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on the brief), for appellant. Stephanie […]

301 A.2d 32 STATE OF MARYLAND v. ERNEST DUBOSE. No. 626, September Term, 1972.Court of Special Appeals of Maryland. Decided March 9, 1973. CONSTITUTIONAL, LAW — Sixth Amendment — Right To A Speedy Trial Under Barker v. Wingo, 407 U.S. 514 — Balancing Test — Factors Assessed In Determining Whether Right To A Speedy Trial […]

416 A.2d 773 ALFRED WALLACE BUTLER v. STATE OF MARYLAND. No. 1404, September Term, 1979.Court of Special Appeals of Maryland. Decided July 14, 1980. CRIMINAL LAW — EVIDENCE — Identification Testimony — Of Co-Defendant — Admissibility Of — Testimony Held Sufficient To Show Identification Of Co-Defendant Was Not Impermissibly Suggestive But Rather Was Clear And […]

505 A.2d 878 ROGERS REFRIGERATION CO., INC. v. PULLIAM’S GARAGE, INC. No. 758, September Term, 1985.Court of Special Appeals of Maryland. March 10, 1986. Appeal from the Circuit Court, Prince George’s County, Arthur M. Ahalt, J. Page 676 Jeffrey B. Fisher (Fisher Walcek, on brief), Marlow Heights, for appellant. Sheryl J. Negron (Jerome A. Kuta, […]

358 A.2d 617 SAUL ROSENBLOOM ET AL. v. THE ELECTRIC MOTOR REPAIR CO. No. 1027, September Term, 1975.Court of Special Appeals of Maryland. Decided June 9, 1976. RECEIVERSHIP — Corporate Insolvency — Maryland Rule BP2 — Obligations Of Receiver Where Debtor Fails To File Schedule Under Rule — Receiver’s Right To Invoke Sanction Privilege By […]

700 A.2d 844 RICHARD ANDERSON v. JEAN ANDERSON. No. 130, September Term, 1997.Court of Special Appeals of Maryland. September 29, 1997. Appeal from the Circuit Court, Howard County, James B. Dudley, J. Page 475 Ellen D. Pattin, Olney, for appellant. Alan L. Fishbein (Fishbein Fishbein, P.A., on the brief), Ellicott City, for appellee. Argued before […]

544 A.2d 6 MARYLAND HOSPITAL LAUNDRY, ET AL. v. ROSE DAWN MARSHALL. No. 1656, September Term, 1987.Court of Special Appeals of Maryland. July 14, 1988. Page 184 Appeal from the Circuit Court, Baltimore City, Ellen M. Heller, J. Alfred J. Dirska (Dirska Levin, on the brief), Columbia, for appellants. A. Harold DuBois (Verderaime DuBois, P.A., […]

315 A.2d 810 HONGA RIVER GUN CLUB, INCORPORATED v. MONTCHESTER GUN CLUB, INC. No. 163, September Term, 1973.Court of Special Appeals of Maryland. Decided March 8, 1974. BOUNDARIES — TRESPASS — EJECTMENT — Return Of Commission Appointed To Fix Disputed Boundaries — Motion To Strike Return — Challenge To Return By Suit In Trespass And […]

461 A.2d 7 WILLIAM HAHN ET AL. v. SUBURBAN HOSPITAL ASSOCIATION, INC. No. 948, September Term, 1982.Court of Special Appeals of Maryland. Decided May 17, 1983. NEGLIGENCE — EVIDENCE — Medical Malpractice — Maryland Health Care Malpractice Claims Act — Courts And Judicial Proceedings Article, Sections 3-2A-01 Et Seq. — Arbitration Award Presumed Correct And […]

565 A.2d 114 JOHN J. KIRLIN, INC. v. GACO SYSTEMS, INC. No. 86, September Term, 1989.Court of Special Appeals of Maryland. November 1, 1989. Certiorari Denied January 10, 1990. Appeal from the Circuit Court, Howard County, James S. Sfekas, J. Page 507 Timothy J. Bloomfield (Andrew W. Stephenson, Marc S. Zweben and Dunnells, Duvall, Bennett […]

915 A.2d 471 Mabel JONES, et al. v. Carlton JONES, et al. No. 2780, September Term, 2005.Court of Special Appeals of Maryland. January 26, 2007. Reconsideration Denied March 30, 2007. Page 430 Appeal from the Circuit Court, Prince George’s County, William D. Missouri, J. Page 431 Gregory L. Lattimer, Washington, DC (Michael S. Rosier, on […]

431 A.2d 682 400 E. BALTIMORE STREET, INC., BLOCK NEWS, INC., PHILLIP DAVID LONG, THOMAS F. CRAIG, JOSEPH D. STEPHENS, DAVID THOMAS STOUGHTON, CHARLES BOOKS, INC., DEBORAH ROYOLA REDDING A/K/A DEBORAH ROYOLA PIERCE v. STATE OF MARYLAND. No. 1500, September Term, 1980.Court of Special Appeals of Maryland. Decided June 8, 1981. CRIMINAL LAW — OBSCENITY […]

446 A.2d 425 SPIRO T. AGNEW v. STATE OF MARYLAND ET AL. No. 903, September Term, 1981.Court of Special Appeals of Maryland. Decided June 1, 1982. EVIDENCE — Hearsay — Admissibility In Evidence Of Sworn Statement And/Or Declaration Against Penal Interest — As Exception To Exclusionary Rule Against Hearsay — Maryland Courts Adhere To Principle […]

941 A.2d 1222 Christopher Lewis CARTER v. STATE of Maryland. No. 2587, September Term, 2005.Court of Special Appeals of Maryland. February 13, 2008. Appeal from the Circuit Court, Prince George’s County, E. Allen Shepherd, J. Page 401 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

745 A.2d 1134 JOHN R. DARVISH v. SHAHRIAR GOHARI. No. 1585, September Term, 1998.Court of Special Appeals of Maryland. February 11, 2000. Appeal from the Circuit Court, Montgomery County, James C. Chapin, J. Page 266 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

252 A.2d 878 CARROLL SYLVESTER ARNOLD v. STATE OF MARYLAND. No. 294, September Term, 1968.Court of Special Appeals of Maryland. Decided May 6, 1969. BREAKING AND ENTERING/BURGLARY — Basement Of Apartment House Is Storehouse And Not Dwelling — Intruder Who Breaks Inner Door Without Having Broken Outer Door May Be Guilty Of Burglary Or Storehouse […]

339 A.2d 697 STATE OF MARYLAND v. JOHN ROLLAND SIRBAUGH. No. 818, September Term, 1974.Court of Special Appeals of Maryland. Decided June 27, 1975. CRIMINAL LAW — JUDGMENTS N.O.V. — CONSTITUTIONAL LAW — Motion For Judgment Of Acquittal — Mistrial — Double Jeopardy — Provision Of Maryland Rule 563 a 2 For Reservation Of Decision […]

338 A.2d 377 JULIAN I. RICHARDS v. ELIZABETH ANN RICHARDS ET AL. No. 1077, September Term, 1974.Court of Special Appeals of Maryland. Decided June 10, 1975. PERSONAL REPRESENTATIVES — DECEDENTS’ ESTATES — PLEADING —Removal Of Personal Representative — Distinction Between “Petition” And “Motion” — Sufficiency Of Evidence — Contention That Court Improperly Permitted Employment Of […]

294 A.2d 471 STATE OF MARYLAND v. JOHN EDWARD MAHONEY. No. 101, September Term, 1972.Court of Special Appeals of Maryland. Decided September 11, 1972. POST CONVICTION PROCEDURE ACT — Competency Of Counsel — Refusal To Call Witnesses — Proper Test For Determining Competency Of Trial Counsel Is Whether Under All Circumstances Of Case, Counsel Was […]

470 A.2d 833 MARILYN ELPRIN, ET AL. v. HOWARD COUNTY BOARD OF EDUCATION. No. 428, September Term, 1983.Court of Special Appeals of Maryland. February 6, 1984. Certiorari Denied June 7, 1984. Page 459 Appeal from the Circuit Court, Howard County, J. Thomas Nissel, J. Page 460 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

974 A.2d 991 Thomas SMITH v. STATE of Maryland. No. 2764, September Term, 2007.Court of Special Appeals of Maryland. July 6, 2009. Appeal from the Circuit Court of Carroll County, Galloway, Page 499 J. Page 500 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

283 A.2d 181 JOSEPH SHVANDA v. MAYOR AND CITY COUNCIL OF BALTIMORE. No. 122, September Term, 1971.Court of Special Appeals of Maryland. Decided November 11, 1971. WORKMEN’S COMPENSATION — Municipal Employee — Fireman — Baltimore City Fireman Not Workman For Wages Under The Provisions Of Section 33 Of Article 101, Nor Did Legislature Intend That […]

758 A.2d 637 IN RE: NORBERTO C. No. 2948, September Term, 1999Court of Special Appeals of Maryland. Filed: August 31, 2000 Page 559 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 560 Stephen H. Sachs (Wilmer, Cutler Pickering, Deborah M. Thompson, Jonathan […]

539 A.2d 688 ROBERTS OXYGEN COMPANY, INC. v. COMPTROLLER OF THE TREASURY. No. 991, September Term 1987.Court of Special Appeals of Maryland. April 7, 1988. Appeal from the Circuit Court, Montgomery County, DeLawrence Beard, J. Page 588 Janet M. Meiburger (Lawrence A. Katz and Zuckerman, Spaeder, Goldstein, Taylor Kolker, on the brief), Washington, D.C., for […]

473 A.2d 56 HELEN J. STERN v. RICHARD H. STERN. No. 691, September Term, 1983.Court of Special Appeals of Maryland. April 5, 1984. Appeal from the Circuit Court, Montgomery County, Calvin R. Sanders, J. Page 281 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

641 A.2d 938 DEAN A. HARRIS v. MACKIN ASSOCIATES, ET AL. No. 112, September Term, 1994.Court of Special Appeals of Maryland. June 1, 1994. Appeal from the Circuit Court, Montgomery County, James L. Ryan, J. Page 364 John Noble (Alexander J. Crow and Noble and Crow, P.A., on the brief), Rockville, for appellant. David O. […]

587 A.2d 1205 COUNTY COMMISSIONERS OF CARROLL COUNTY, MARYLAND v. MAURICE R. ZENT. No. 950, September Term, 1990.Court of Special Appeals of Maryland. April 4, 1991. Appeal from the Circuit Court, Carroll County, Luke K. Burns, Jr., J. Page 746 Laurell E. Taylor, Asst. County Atty. (Charles W. Thompson, Jr., County Atty., on the brief), […]

911 A.2d 888 TERUMO MEDICAL CORP. et al. v. Ellen D GREENWAY. No. 2631, September Term, 2005.Court of Special Appeals of Maryland. December 4, 2006. Appeal from the Circuit Court, Cecil County, J. Owen Wise, J Page 618 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

378 A.2d 690 STEED MORTGAGE COMPANY, GARNISHEE v. MARGARET C. ARTHUR. No. 78, September Term, 1977.Court of Special Appeals of Maryland. Decided October 18, 1977. ATTACHMENTS — On Judgment — Judgment Of Condemnation Nisi And Absolute — Basic Conformity With Rules Required In Attachment Proceedings — Procedural Analysis — Procurement Of Judgment Of Condemnation Nisi […]

736 A.2d 450 RUSSELL GREEN v. STATE OF MARYLAND No. 1537, September Term, 1998.Court of Special Appeals of Maryland. Filed: September 3, 1999 Appeal from the Circuit Court, Baltimore City, David Ross, J. Page 759 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

513 A.2d 939 CARLTON OPHER v. STATE OF MARYLAND. Post Conviction No. 6, September Term, 1986.Court of Special Appeals of Maryland. September 4, 1986. Appeal from the Circuit Court, Somerset County, Alfred T. Truitt, Jr., J. Roland Walker, Baltimore, for applicant. Page 492 Submitted before WILNER, BISHOP and ROBERT M. BELL, JJ. ROBERT M. BELL, […]

351 A.2d 896 STATE OF MARYLAND v. WILLIAM FEARING, ALBERT HERRMANN, STEPHEN LAI, JOHN DUER MOORES, JONAS COHEN, HUMBERTO CERTEZA AND MELVIN F. POLEK. No. 121, September Term, 1975.Court of Special Appeals of Maryland. Decided January 30, 1976. INDICTMENTS — Controlled Dangerous Substances Act — Medical Practitioners Not Exempt From General Provisions — “Civil Fines” […]