Category: Court of Special Appeals Opinions

767 A.2d 339 STEVEN M. VANDEVANDER, SR. v. RICHARD J. VOORHAAR. No. 2614, September Term, 1999.Court of Special Appeals of Maryland. Filed: February 23, 2001. The Circuit Court, St. Mary’s County, Thomas A. Rymer, J. Reversed. Page 622 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

435 A.2d 477 CLARENCE E. LEATHERWOOD, JR. v. STATE OF MARYLAND. No. 15, September Term, 1981.Court of Special Appeals of Maryland. Decided October 8, 1981. TAXATION — Constitutionality Of Maryland State Income Tax — Statute Held Constitutional And Not Impermissive Delegation Of Legislative Authority — Article 81, § 280. pp. 688-689 CRIMINAL LAW — INSTRUCTIONS […]

720 A.2d 1225 RONALD D. ROWE, PERSONAL REPRESENTATIVE OF THE ESTATE OF MARGARET J. ROWE v. KATHLEEN C. ROWE, PERSONAL REPRESENTATIVE OF THE ESTATE OF L. MAURICE ROWE, III No. 313, SEPTEMBER TERM, 1998Court of Special Appeals of Maryland. December 2, 1998 Appeal from the Circuit Court, Montgomery County, sitting as the Orphan’s Court, Nelson […]

361 A.2d 131 EMMETT GUY EDWARDS, JR. v. STATE OF MARYLAND. No. 1042, September Term, 1975.Court of Special Appeals of Maryland. Decided July 27, 1976. CRIMINAL LAW — TRIALS — Guilty Pleas — Record Taken As A Whole Must Affirmatively Disclose That Defendant’s Plea Of Guilty Was, As Found By The Trial Judge, Voluntary And […]

748 A.2d 1050 JERMAINE STELWAGEN WRIGHT v. STATE OF MARYLAND. No. 270, September Term, 1999.Court of Special Appeals of Maryland. March 30, 2000. The Circuit Court, Worcester County, Thomas C. Groton, J. Page 244 Julia Doyle Bernhardt, Asst. Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for appellant. Rachel Marblestone Kamins, Asst. […]

870 A.2d 1285 Patrick STIDHAM v. Rachel MORRIS et al. No. 1577, September Term, 2004.Court of Special Appeals of Maryland. April 1, 2005. Appeal from the Circuit Court, Prince George’s County, Missouri, J. Page 563 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

507 A.2d 641 DAVID ROSS PAYNE v. PRINCE GEORGE’S COUNTY DEPARTMENT OF SOCIAL SERVICES, ET AL. No. 1133, September Term, 1985.Court of Special Appeals of Maryland. May 7, 1986. Appeal from the Circuit Court, Prince George’s County, Audrey E. Melbourne, J. Page 328 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

452 A.2d 1278 IN RE: MICHAEL W. No. 291, September Term, 1982.Court of Special Appeals of Maryland. Decided December 8, 1982. JUVENILE PROCEEDINGS — Waiver Of Jurisdiction After Summary Review Proceedings — Courts And Judicial Proceedings Article § 3-817(g), Maryland Rule 913 e — Although Full Blown Waiver Proceeding May Not Be Required, Summary Review […]

848 A.2d 660 JAMES JOHNSON v. STATE OF MARYLAND. No. 192, September Term, 2003.Court of Special Appeals of Maryland. Filed: May 3, 2004. Appealed from the Circuit Court, Baltimre City, John N. Prevas, J. Page 695 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

381 A.2d 1154 MONTGOMERY COUNTY DEPARTMENT OF SOCIAL SERVICES, ET AL. v. REBECCA SANDERS. No. 943, September Term, 1977.Court of Special Appeals of Maryland. Decided January 10, 1978. CUSTODY OF INFANTS — Criteria For Establishing Custodial Award Of — “Psychological Parenthood” Theory — Claimed Abuse Of Discretion In Not Applying Theory Exclusively — Scope Of […]

499 A.2d 200 GREGORY LEON BATTLE v. STATE OF MARYLAND. No. 51, September Term, 1985.Court of Special Appeals of Maryland. November 6, 1985. Certiorari Denied January 30, 1986. Appeal from the Circuit Court, Montgomery County, William C. Miller, J. Page 39 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

245 A.2d 614 SAMUEL ROBERT FRAZIER v. STATE OF MARYLAND. No. 318, September Term, 1967.Court of Special Appeals of Maryland. Decided September 16, 1968. CONSTITUTIONAL LAW — Right To Speedy Trial — Deprival Of Right Not Shown. Appellant, who was indicted on April 1, 1966, and tried on August 8, 1967, was not deprived of […]

652 A.2d 1138 LOTTIE L. ANKNEY, ET VIR v. WILLIAM F. FRANCH, ET AL. No. 348, September Term, 1994.Court of Special Appeals of Maryland. February 1, 1995. Appeal from the Circuit Court, Anne Arundel Page 84 County, Raymond G. Thieme, Jr., J. Page 85 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

849 A.2d 1058 ALFONZO MINGER v. STATE OF MARYLAND. No. 3070, September Term, 2002.Court of Special Appeals of Maryland. Filed: June 1, 2004. Circuit Court, Donohue, J. Page 158 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 159 David A. Martella (Barry […]

458 A.2d 885 WILLIAM J. BOEHM, PERSONAL REPRESENTATIVE OF THE ESTATE OF ANNIE BELL BRASHEARS v. ALICE HARRINGTON. No. 970, September Term, 1982.Court of Special Appeals of Maryland. Decided April 13, 1983. BANK ACCOUNTS — Joint Checking Account — Donor Transfer Of Assets To Donee Who Shares Confidential Relationship — Account For Convenience Of Donor […]

738 A.2d 923 LAUDIE J. BAER v. MARVIN L. BAER. No. 1730, September Term, 1998.Court of Special Appeals of Maryland. October 7, 1999. Appeal from the Circuit Court, Anne Arundel County, James C. Cawood, Jr., J. Page 470 William M. Ferris (Krause Ferris on the brief), Annapolis, for appellant. Page 471 Gerald C. Ruter, Baltimore, […]

591 A.2d 524 PAUL ANTHONY WILSON v. STATE OF MARYLAND. No. 815, September Term, 1990.Court of Special Appeals of Maryland. June 26, 1991. Appeal from the Circuit Court, Prince George’s County, Jacob S. Levin, J. Page 660 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

850 A.2d 386 THOMAS O’QUINN v. MARYLAND AUTOMOBILE INSURANCE FUND, ET AL. No. 0658, September Term, 2003.Court of Special Appeals of Maryland. Filed: June 2, 2004. Page 215 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 216 Salvatore J. Zambri (Thanos Basdekis, […]

368 A.2d 1054 MICHAEL G. CAPPY v. HUGH F. WILDE, SR. ET AL. No. 637, September Term, 1976.Court of Special Appeals of Maryland. Decided February 10, 1977. CONTRACTS — For Sale Of Realty — Unilateral Mistake In Description Of Footage Of Property Sold — Inability Of Seller To Convey Amount Of Land Specified In Contract […]

345 A.2d 118 JOHN GORDON FIRSTMAN ET UX. v. ATLANTIC CONSTRUCTION AND SUPPLY COMPANY. No. 116, September Term, 1975.Court of Special Appeals of Maryland. Decided October 3, 1975. REMOVAL OF CASES — In Civil Actions — Constitutional Right — Article IV, Section 8 — Holding By Court Of Appeals In Davidson v. Miller Had Effect […]

893 A.2d 1177 NATIONWIDE MUTUAL INSURANCE COMPANY v. Taylor F. WILSON. No. 100, September Term, 2005.Court of Special Appeals of Maryland. March 3, 2006. Appeal from the Circuit Court, Carroll County, Galloway, J. Page 528 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

423 A.2d 283 PHILIP MILLER ET UX. v. UNITED STATES NAVAL INSTITUTE. No. 452, September Term, 1980.Court of Special Appeals of Maryland. Decided December 16, 1980. CONTRACTS — REAL PROPERTY — Inclusion Of Liquidated Damage Provision Clause In Contract — Vendor’s Right To Seek Specific Performance On Vendee’s Breach — Where, As Here, Agreement Did […]

380 A.2d 239 IN RE APPEAL NO. 267, SEPTEMBER TERM, 1977 FROM THE DISTRICT COURT OF MONTGOMERY COUNTY, MARYLAND, SITTING AS A JUVENILE COURT. No. 267, September Term, 1977.Court of Special Appeals of Maryland. Decided December 9, 1977. JUVENILE PROCEEDINGS — Contributing To Delinquency Of Minor — Element Of Adulthood — Required Proof By State […]

810 A.2d 498 JOHN A. MATTINGLY, SR. v. HUGHES ELECTRONICS CORPORATION, ET AL. No. 2169, September Term, 2001.Court of Special Appeals of Maryland. Filed: November 4, 2002. Appealed from the Circuit Court of St. Mary’s County, C. Clarke Raley, J. Page 625 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

245 A.2d 908 FRANKLIN D. HALE v. STATE OF MARYLAND. No. 39, September Term, 1968.Court of Special Appeals of Maryland. Decided October 2, 1968. APPEAL — Question Of Legality Of Arrest Was Properly Before Court On Appeal. The question of the legality of appellant’s arrest, though not raised below, was properly before the Court of […]

527 A.2d 61 JOHN R. NEWMAN v. MIRIAM S. NEWMAN. No. 1708, September Term, 1986.Court of Special Appeals of Maryland. June 16, 1987. Appeal from the Circuit Court, Montgomery County, John J. Mitchell, J. Page 671 Ronald G. Kane (Schuman, Kane Felts, Chartered, on the brief), Bethesda, for appellant. James P. Sullivan (Kidwell, Kent Sullivan, […]

519 A.2d 1354 WILLIAM H. HACKLEY v. MAYOR AND CITY COUNCIL OF BALTIMORE, ET AL. EDWARD S. McCARTHY v. MAYOR AND CITY COUNCIL OF BALTIMORE, ET AL. JAMES P. POSSIDENTE, SR. v. MAYOR CITY COUNCIL OF BALTIMORE, ET AL. WILLIAM T. WEDEMEYER v. MAYOR AND CITY COUNCIL OF BALTIMORE, ET AL. Nos. 568, 570, 571 […]

604 A.2d 931 CHARLES F. BARRANCO v. MARY SEELEY BARRANCO. No. 1147 September Term, 1991.Court of Special Appeals of Maryland. April 15, 1992. Appeal from the Circuit Court, Baltimore County, Thomas J. Bollinger, J. Page 416 Cynthia E. Young, Annapolis (Charles F. Barranco, Timonium, on the brief), for appellant. Andrew Janquitto (Mudd, Harrison Burch, Timothy […]

227 A.2d 42 JOSEPH ROSS v. WARDEN, MARYLAND PENITENTIARY. No. 3, Initial Term, 1967.Court of Special Appeals of Maryland. Decided March 7, 1967. 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 does […]

515 A.2d 768 MICHAEL JACKSON v. STATE OF MARYLAND. No. 80, September Term, 1986.Court of Special Appeals of Maryland. October 10, 1986. Appeal from the Baltimore Circuit Court, Martin B. Greenfeld, J. Page 680 Gary S. Offutt, Asst. Public Defender (Alan H. Murrell, Public Defender, on brief), Baltimore, for appellant. John S. Bainbridge, Jr., Asst. […]

585 A.2d 238 TOM J. BILLMAN, ET AL. v. STATE OF MARYLAND DEPOSIT INSURANCE FUND CORPORATION, ET AL. No. 525, September Term, 1990.Court of Special Appeals of Maryland. February 4, 1991. Appeal from the Circuit Court, Montgomery County, Joseph H.H. Kaplan, J. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

558 A.2d 441 FRANK EDWARD GREEN v. STATE OF MARYLAND. No. 1237, September Term, 1988.Court of Special Appeals of Maryland. June 6, 1989. Appeal from the Circuit Court, Anne Arundel County, Robert S. Heller, Jr., J. Page 507 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

609 A.2d 353 MEDICAL MUTUAL LIABILITY INSURANCE SOCIETY OF MARYLAND, ET AL. v. B. DIXON EVANDER ASSOCIATES, INC., ET AL. No. 1752, September Term, 1991.Court of Special Appeals of Maryland. July 13, 1992. Page 552 Appeal from the Circuit Court, Baltimore City, David Ross, J. Page 553 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

572 A.2d 573 BRENT MARLOWE HARRIS v. STATE OF MARYLAND. No. 1212, September Term, 1989.Court of Special Appeals of Maryland. May 1, 1990. Appeal from the Circuit Court, Kent County, Elroy G. Boyer, J. Page 451 Nancy S. Forster, Asst. Public Defender (Alan H. Murrel, Public Defender on the brief), Baltimore, for appellant. Cathleen C. […]

956 A.2d 770 Le’Etta Johnson BARNES v. Patrick Ivan BARNES. No. 106. September Term, 2007.Court of Special Appeals of Maryland. September 9, 2008. Appeal from the Circuit Court, Charles County, Amy Bragunier, J. Page 391 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

850 A.2d 365 KENNETH M. ALLEN v. STATE OF MARYLAND. No. 0188, September Term, 2003.Court of Special Appeals of Maryland. Filed: June 2, 2004. Page 178 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 179 Martha Weisheit (Stephen E. Harris, Public Defender […]

758 A.2d 1114 JEFFREY R. LAPIDES v. KIRSTEN TRABBIC No. 2009, September Term, 1999Court of Special Appeals of Maryland. Filed: September 7, 2000 The Circuit Court, Baltimore County, James T. Smith, J. Page 52 Affirmed. Page 53 Michael B. Hamburg, Towson, for Appellant. Page 54 Marla J. Hollandsworth, Phoenix, for Appellee. Kenney, Adkins, Karwacki, Robert […]

554 A.2d 434 SUGARLOAF CITIZENS ASSOCIATION, INC., ET AL. v. MICHAEL GUDIS, ET AL. No. 986, September Term, 1988.Court of Special Appeals of Maryland. March 6, 1989. Page 551 Appeal from the Circuit Court for Montgomery County, John J. Mitchell, J. Page 552 Ralph Gordon (Gordon Simmons, on the brief), Frederick, for appellants. Marc P. […]

839 A.2d 784 DANIEL SLICK v. MARY BETH REINECKER. No. 1995, September Term, 2002.Court of Special Appeals of Maryland. Filed: December 23, 2003. Appealed from Circuit Court, St. Mary’s County, Kaminetz, J. Page 313 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

622 A.2d 763 THE MAYOR AND COUNCIL OF BERLIN v. DELMARVA POWER LIGHT COMPANY. No. 1094, September Term, 1992.Court of Special Appeals of Maryland. April 5, 1993. Appeal from the Circuit Court, Worcester County, Thomas C. Groton, III, J. Robin R. Cockey (Banks, Nason, Hickson Sullivan, P.A., on the brief), Salisbury, for appellant. Thomas P. […]

722 A.2d 441 RONALD W. PARKER v. KOWALSKY HIRSCHHORN, P.A. No. 722, September Term, 1998Court of Special Appeals of Maryland. January 7, 1999 Appeal from the Circuit Court, Baltimore County, J. Norris Byrnes, J. Page 448 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

811 A.2d 349 BRIAN SEWELL v. EDWARD T. NORRIS, COMMISSIONER No. 1980, September Term, 2001Court of Special Appeals of Maryland. Filed: November 26, 2002 Page 123 Appeal from the Circuit Court, Baltimore City, John Carroll Byrnes, J. Page 124 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

284 A.2d 454 UNINSURED EMPLOYERS’ FUND v. ARTHUR ELLIS BOOKER. No. 265, September Term, 1971.Court of Special Appeals of Maryland. Decided December 13, 1971. STATUTES — WORKMEN’S COMPENSATION — Intent Of Legislature — Ambiguity In Statute — Where Statutes Are In Pari Materia They Should Be Construed Together So As To Be Consistent With Their […]

415 A.2d 606 MAYOR AND CITY COUNCIL OF BALTIMORE ET AL. v. JAMES CROCKETT ET UX. No. 1139, September Term, 1979.Court of Special Appeals of Maryland. Decided June 12, 1980. ZONING — STATUTES — Comprehensive Zoning Ordinance Banning “For Sale” Signs — Constitutionality Of — Where, As Here. There Were No Claims Or Assertions By […]

474 A.2d 931 NAPOLEON CARLTON GARRETT v. STATE OF MARYLAND. No. 1021, September Term, 1983.Court of Special Appeals of Maryland. May 9, 1984. Certiorari Denied August 20, 1984. Appeal from the Circuit Court, Montgomery County, Richard B. Latham, J. Page 98 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

749 A.2d 273 GREGORY BENJAMIN v. STATE OF MARYLAND. No. 6965, September Term, 1998.Court of Special Appeals of Maryland. Filed: April 7, 2000. The Circuit Court, Baltimore City, John Carroll Byrnes, J. Reversed. Page 528 Marc E. Mandel (Law Student pursuant to Rule 16) (Stephen E. Harris, Public Defender and Sherrie B. Glasser, Assistant Public […]

694 A.2d 480 MICHAEL CHAPMAN v. STATE OF MARYLAND. No. 1447, September Term, 1996.Court of Special Appeals of Maryland. May 30, 1997. Appeal from the Circuit Court for Baltimore City, Prevas, J. Page 627 Nancy S. Forster, Assistant Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for Appellant. Mary Ann Ince, Assistant […]