Category: Court of Special Appeals Opinions

294 A.2d 141 PATRICIA ANN BIGLEY AND TYRONE EARL FLEMING v. WARDEN, MARYLAND CORRECTIONAL INSTITUTION FOR WOMEN ET AL. Misc. No. 12, September Term, 1972.Court of Special Appeals of Maryland. Decided August 4, 1972. BAIL — Same Factors Contemplated In Imposing Sentence May Be Considered In Determination Of Admission To Bail Following Conviction — Same […]

956 A.2d 861 Zi’Tashia JACKSON, a Minor, et al. v. The DACKMAN COMPANY, et al. No. 1080 September Term, 2007.Court of Special Appeals of Maryland. September 10, 2008. Appeal from the Circuit Court, Baltimore City, Gale E. Rasin, J. Page 547 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

605 A.2d 1001 MARSHALL JAMES GREEN, JR. v. STATE OF MARYLAND. No. 644, September Term, 1991.Court of Special Appeals of Maryland. May 7, 1992. Appeal from the Circuit Court, Prince George’s County, G.R. Hovey Johnson, J. Page 791 Sherrie B. Glasser, Asst. Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for appellant. […]

854 A.2d 283 CAPITAL COMMERCIAL PROPERTIES, INC. v. MONTGOMERY COUNTY PLANNING BOARD of the Maryland-National Capital Park and Planning Commission et al. No. 0388, September Term, 2003.Court of Special Appeals of Maryland. July 19, 2004. Appeal from the Circuit Court, Montgomery County, DeLawrence Beard, J. Page 89 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

518 A.2d 141 ROBERT D. McKENZIE v. C.C. KOTTCAMP SONS, INC., ET AL. No. 281, September Term, 1986.Court of Special Appeals of Maryland. December 5, 1986. Appeal from the Circuit Court, Allegany County, Gary Leasure, J. Page 414 Ronald C. Brubaker, Cumberland, for appellant. William Walsh (Walsh, Walsh Reinhart on the brief for appellees, Kottcamp […]

238 A.2d 275 RICHARD LEE PRICE AND RICHARD JAMES STEWART v. STATE OF MARYLAND. No. 76, September Term, 1967.Court of Special Appeals of Maryland. Decided February 15, 1968. APPEAL — Review Of Sufficiency Of Evidence In Non-Jury Cases. In reviewing the sufficiency of the evidence in a non-jury case, the Court of Special Appeals determines […]

499 A.2d 1320 WILLIAM G. RUSSELL v. AMERICAN SECURITY BANK, N.A. No. 233, September Term, 1985.Court of Special Appeals of Maryland. November 13, 1985. Appeal from the Circuit Court, Montgomery County, William M. Cave, J. Page 200 A. Slater Clarke, Bethesda (Mitchell I. Alkon, Bethesda, on the brief), for appellant. Richard H. Nicolaides, Washington, D.C. […]

242 A.2d 592 BURL BRADBURN, JR. AND JOHN GIPE v. STATE OF MARYLAND. No. 228, September Term, 1967.Court of Special Appeals of Maryland. Decided June 3, 1968. CONSTITUTIONAL LAW — Right To Speedy Trial — Contention Held Frivolous. Appellants’ contention as to denial of a speedy trial due to a six-day postponement, was viewed as […]

612 A.2d 322 LEONARD S. HOMA v. FRIENDLY MOBILE MANOR, INC. FRIENDLY MOBILE MANOR, INC. v. LEVAN, SCHIMEL, RICHMAN AND BELMAN, P.A. No. 1797, September Term, 1991.Court of Special Appeals of Maryland. September 9, 1992. Appeal from the Circuit Court, St. Mary’s County, Marvin S. Kaminetz, J. Page 338 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

12 A.3d 685 Nancy Lee Kathryn THOMPSON, et al. v. Gordon WITHERSPOON, et al. No. 00012, September Term, 2009.Court of Special Appeals of Maryland. February 1, 2011. Appeal from the Circuit Court, City of Baltimore, Stuart R. Berger, J. Page 70 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

14 A.3d 1257 CAPITAL SELECT REALTORS, LLC, et al. v. NRT MID-ATLANTIC, LLC, et al. No. 2373, September Term, 2009.Court of Special Appeals of Maryland. March 2, 2011. Appeal from the Circuit Court, Worcester County, Theodore R. Eschenburg, J. Page 699 John B. Bratt (Miller Zois, LLC, on the brief), Glen Burnie, for appellant. Jennifer […]

453 A.2d 151 HOLIDAY NEWS LTD. v. STATE OF MARYLAND. No. 482, September Term, 1982.Court of Special Appeals of Maryland. Decided December 9, 1982. OBSCENITY — CHARGING DOCUMENTS — Probable Cause — Claimed Lack Of — Sanction Of Dismissal — Appropriateness To Post Trial Dismissal — Where Accused Did Not Press For Pretrial Dismissal For […]

467 A.2d 1039 LINDA ANN KOMOROUS v. EDWARD JOSEPH KOMOROUS. No. 46, September Term, 1983.Court of Special Appeals of Maryland. November 9, 1983. Appeal from the Circuit Court, Montgomery County, Calvin R. Sanders, Chancellor. Page 327 James J. Fitzgibbons, with whom was Joseph C. Roesser, Wheaton on brief, for appellant. James P. Sullivan, Rockville, for […]

920 A.2d 518 Lawrence SWOBODA, et al. v. Charles WILDER, et ux. No. 0070, September Term, 2006.Court of Special Appeals of Maryland. April 4, 2007. Appeal from the Circuit Court, Baltimore County, Jakubowski, J. Page 616 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

702 A.2d 422 NATIONWIDE MUTUAL FIRE INSURANCE COMPANY v. STEPHEN C. TUFTS, ET AL. No. 226, September Term, 1997.Court of Special Appeals of Maryland. November 4, 1997. Appeal from the Circuit Court, Howard County, Raymond J. Kane, Jr., J. Page 181 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

827 A.2d 167 CHRISTIAN ROBINSON v. STATE OF MARYLAND. No. 871, September Term, 2001.Court of Special Appeals of Maryland. Filed: June 25, 2003. Appeal from the Circuit Court, Montgomery County, James C. Chapin, Judge. Page 385 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

857 A.2d 101 Jeffrey E. ALLEN v. STATE of Maryland No. 02268, September Term, 2002.Court of Special Appeals of Maryland. September 2, 2004. Appeal from the Circuit Court, Charles County, Nalley, J. Page 195 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

451 A.2d 1270 LAWRENCE ROME FOWLKES v. STATE OF MARYLAND. No. 329, September Term, 1982.Court of Special Appeals of Maryland. Decided November 8, 1982. CRIMINAL LAW — INSTRUCTIONS TO JURY — Post-Deliberation Instructions — Where No Apparent Deadlock Exists — Deadlocked Jury Defined — Where, As In Case At Bar, Jury Was Not Deadlocked But […]

780 A.2d 479 DEWAYNE A. BOOZE v. STATE OF MARYLAND No. 1690, September Term, 2000Court of Special Appeals of Maryland. Filed: September 7, 2001 Appealed from The Circuit Court, Anne Arundel County. Page 403 Amy E. Brennan, Asst. Public Defender ( Stephen E. Harris, Public Defender, on the brief), Baltimore, for appellant. Leigh S. Halstad, […]

297 A.2d 299 WILLIAM ALEXANDER LONG v. STATE OF MARYLAND. Misc. No. 17, September Term, 1972.Court of Special Appeals of Maryland. Decided December 4, 1972. BAIL — APPEAL — Maryland Rule 777 b — Habeas Corpus — A Convicted Person May Be Admitted To Bail Pending Sentence Or Appeal In Discretion Of Trial Judge Under […]

550 A.2d 428 WAYNE PETTEE v. HELEN PETTEE. No. 445, September Term, 1988.Court of Special Appeals of Maryland. December 2, 1988. Appeal from the Circuit Court, Anne Arundel County, H. Chester Goudy, Jr., J. Page 363 Clarence W. Sharp, Randallstown, for appellant. Ann M. Turnbull (Frank, Bernstein, Conaway Goldman, on the brief), Baltimore, for appellee. […]

342 A.2d 677 SAMUEL HENRY DILLON v. STATE OF MARYLAND. No. 862, September Term, 1974.Court of Special Appeals of Maryland. Decided July 24, 1975. JURIES — Notes Taken By Jurors — Discretion Of Trial Court — Question As To Whether Jurors Will Be Permitted To Take Notes During Course Of Trial Within Discretion Of Trial […]

670 A.2d 986 OWENS-CORNING FIBERGLAS CORPORATION v. MAYOR AND CITY COUNCIL OF BALTIMORE CITY. No. 1995, September Term, 1994.Court of Special Appeals of Maryland. January 31, 1996. Appeal from the Circuit Court for Baltimore City, Joseph I. Pines, J. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

282 A.2d 533 STATE OF MARYLAND v. LARRY LAMONT SIMMS. No. 99, September Term, 1971.Court of Special Appeals of Maryland. Decided October 20, 1971. PRELIMINARY HEARINGS — Dismissal Of Indictment For Failure To Hold Preliminary Hearing After A Grand Jury Indictment Has Been Returned Is Improper — Basic Purpose Of Preliminary Hearing To Determine Whether […]

664 A.2d 16 MARYLAND DISABILITY LAW CENTER, INC. v. MT. WASHINGTON PEDIATRIC HOSPITAL, INC. No. 1023, September Term, 1994.Court of Special Appeals of Maryland. August 30, 1995. Appeal from the Circuit Court, Baltimore City, Joseph H.H. Kaplan, J., Page 56 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

321 A.2d 182 JAMES F. HEARING ET AL. v. CITIZENS BAND AND TRUST COMPANY. No. 398, September Term, 1973.Court of Special Appeals of Maryland. Decided June 13, 1974. LIBEL — Business Defamation — By Institution Of Judicial Proceeding — Privileged Communications — In Any Judicial Proceeding Absolute Immunity For Defamatory Statements Extends To Counsel, Judge, […]

492 A.2d 658 EDWARD ANAWECK, JR. AND LENA A. ANAWECK v. STATE OF MARYLAND. No. 1205, September Term, 1984.Court of Special Appeals of Maryland. May 17, 1985. Appeal from the Circuit Court, Baltimore County, William R, Buchanan, J. Page 240 Arnold M. Zerwitz, Towson, for appellants. Diana G. Motz, Asst. Atty. Gen., Baltimore (Stephen H. […]

370 A.2d 1144 LUCIAN T. JONES v. LAWRENCE WRIGHT ET UX. No. 656, September Term, 1976.Court of Special Appeals of Maryland. Decided March 15, 1977. CONTEMPT — Trial Judge Not Clearly Erroneous In Finding That The Appellant Had Violated The Court Order And Had Not Remedied The Situation As The Road Was Not Usable As […]

691 A.2d 268 ALLAN PICKETT v. NOBA, INC. No. 1031, September Term, 1996.Court of Special Appeals of Maryland. March 28, 1997. Appeal from the Circuit Court, Frederick County, Dwyer, J. Page 553 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 554 William […]

710 A.2d 358 THEODORE MARTIN HARCUM, JR. v. STATE OF MARYLAND. No. 1280, September Term, 1997.Court of Special Appeals of Maryland. May 28, 1998. Appeal from the Circuit Court, Caroline County, Elroy G. Boyer, J. Page 508 David Alan Thompson (Stephen E. Harris, Public Defender and Melissa M. Moore, Asst. Public Defender, on the brief), […]

648 A.2d 1025 DAVID KEVIN NORTH v. KATHRYN DIONNE NORTH. No. 1362, September Term, 1993.Court of Special Appeals of Maryland. October 25, 1994. Appeal from the Circuit Court for Prince George’s County, Audrey E. Melbourne, J. Page 2 James Milko (Gerald Solomon, on the brief), Greenbelt, Natalie H. Rees (Court-appointed for minor children), Towson, for […]

402 A.2d 115 JAMES D. ROBINSON v. STATE OF MARYLAND. No. 1016, September Term, 1978.Court of Special Appeals of Maryland. Decided June 8, 1979. ESCAPE — Compulsion, Duress, Coercion Or Necessity May Be Valid Defense If Certain Conditions Are Met — Conditions Adopted Are: (1) Prisoner Faced With Specific Threat Of Death, Forcible Sexual Attack […]

978 A.2d 852 Herbert LIVINGSTONE, et al. v. GREATER WASHINGTON ANESTHESIOLOGY PAIN CONSULTANTS, P.C., et. al. No. 2079, September Term, 2007.Court of Special Appeals of Maryland. August 27, 2009. Appeal from the Circuit Court, Terrence J. McGann, J. Page 347 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

244 A.2d 459 ROBERT AUGUSTUS JONES v. STATE OF MARYLAND. No. 333, September Term, 1967.Court of Special Appeals of Maryland. Decided July 25, 1968. ARREST — Illegal Arrest — Use Of Force To Effect Escape. One illegally arrested may use any reasonable means to effect his escape, even to the extent of using such force […]

369 A.2d 133 NORMA L. VAN SCHAIK v. MARIE VAN SCHAIK. No. 568, September Term, 1976.Court of Special Appeals of Maryland. Decided February 8, 1977. MORTGAGES — LACHES — Mistaken Release Of Mortgage — Claim Of Laches In Bringing Action To Vacate Discharge And Release Of Mortgage And Reinstatement As Lien On Record — Criteria […]

366 A.2d 1058 SHERMAN DUNCAN, ALIAS JAMES FITZ AND CORNELL SMITH v. STATE OF MARYLAND. No. 967 (On Remand), September Term, 1974.Court of Special Appeals of Maryland. Decided December 28, 1976. SEARCHES AND SEIZURES — Warrantless Search Of Automobile — Reasonableness Of Warrantless Police Search — Admissibility Of Evidence Relative To Stolen Goods Recovered From […]

654 A.2d 936 EVERETT DON WILSON, II v. STATE OF MARYLAND. No. 821, September Term, 1994.Court of Special Appeals of Maryland. March 2, 1995. Appeal from the Circuit Court, Prince George’s County, G.R. Hovey Johnson, J. Page 723 Geraldine Kenney Sweeney, Asst. Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for appellant. […]

988 A.2d 1054 Andrew HEIGHT v. STATE of Maryland. No. 1021 September Term, 2007.Court of Special Appeals of Maryland. February 2, 2010. Appeal from the Circuit Court, Baltimore City, Robert B. Kershaw, J. Page 323 Michael R. Malloy (Nancy S. Forster, Public Defender, on the brief), Baltimore, MD, for Appellant. Susannah E. Prucka (Douglas F. […]

811 A.2d 855 DAVID R. FORWARD, ET AL. v. CURTLAN R. McNEILY, ET AL. No. 2071, September Term, 2001Court of Special Appeals of Maryland. Filed: December 2, 2002 Page 291 Appealed from the Circuit Court, Prince George’s County, Darlene Perry, J. Page 292 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

242 A.2d 586 DAVID P. KIST v. STATE OF MARYLAND. No. 293, September Term, 1967.Court of Special Appeals of Maryland. Decided June 4, 1968. SEARCH AND SEIZURE — Consideration Of Probable Cause For Issuance Of Warrant Confined Solely To Affidavit — Proper Showing — Affidavit May Be Based On Hearsay — Information From Informant Merely […]

269 A.2d 182 CLAUDE C. MARTIN v. STATE OF MARYLAND. No. 10, September Term, 1970.Court of Special Appeals of Maryland. Decided October 6, 1970. MOTION FOR ACQUITTAL — Withdrawal Of Motion By Subsequent Offering Of Evidence. When an accused offers evidence in his own behalf after a denial of his motion for judgment of acquittal […]

921 A.2d 912 Lakeya MADDOX, Individually, etc. v. Francis L. STONE t/a STONE ELECTRICAL CONTRACTORS. No. 1179, September Term, 2006.Court of Special Appeals of Maryland. May 2, 2007. Appeal from the Circuit Court for Somerset County, Jackson, J. Page 490 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

376 A.2d 115 KATHLEEN A. GERMAN v. ROBERT N. GERMAN. No. 900, September Term, 1976.Court of Special Appeals of Maryland. Decided July 28, 1977. SUPPORT OF DEPENDENTS — Child Support — Chancellor Properly Considered The Following Factors In Determining The Award For Child Support. The Financial Circumstances Of The Parties, Their Age And Physical Condition, […]

877 A.2d 187 Quinton DEMBY, Jesse Baltimore, Kenneth E. Woodall, Daniel Falcone, Earl F. Cox, Jr. v. SECRETARY, DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES. Nos. 1230, 1408, 1490, 1491, 1741 September Term, 2003.Court of Special Appeals of Maryland. July 1, 2005. Appeal from the Circuit Court for Somerset County and the Circuit Court for […]

235 A.2d 563 NATHAN M. SANDERS, JR. v. STATE OF MARYLAND. No. 85, September Term, 1967.Court of Special Appeals of Maryland. Decided November 27, 1967. APPEAL — Review Of Sufficiency Of Evidence In Non-Jury Cases. In reviewing the sufficiency of the evidence in a non-jury case, the Court of Special Appeals determines whether the trial […]

695 A.2d 597 MARY E. SEAL v. GIANT FOOD, INC., ET AL. No. 1309, September Term, 1996.Court of Special Appeals of Maryland. June 25, 1997. Appeal from the Circuit Court, Anne Arundel County, Elsbeth Bothe, J. Page 88 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

227 A.2d 766 LARNELL CRUM AND LONNIE B. DUNBAR v. STATE OF MARYLAND. No. 111, Initial Term, 1967.Court of Special Appeals of Maryland. Decided March 31, 1967. APPEAL — Matters Not Raised Below Are Waived. Allegations not raised below need not be considered by the Court on appeal. Rule 1085. pp. 133-134 ROBBERY WITH DEADLY […]

338 A.2d 323 JOHN H. DUPREE v. SARAH C. DUPREE. No. 873, September Term, 1974.Court of Special Appeals of Maryland. Decided June 2, 1975. DIVORCE — DESERTION — Constructive Desertion — Conduct Of Spouse — Sufficient To Warrant Departure From Marital Abode — Sufficiency Of Evidence To Support Desertion By Spouse — Corroboration Necessary To […]

308 A.2d 446 EDMOND R. LEACH v. PENN-MAR MERCHANTS ASSOCIATION, INC. ET AL. No. 813, September Term, 1972.Court of Special Appeals of Maryland. Decided August 10, 1973. AGENCY — Doctrine Of Respondeat Superior — Private Guard Not Considered Peace Officer Within Contemplation Of Article 66 1/2, Section 2 (35) — Security Officer Leaving Part-Time Employment […]

277 A.2d 629 LUCIE ANN ABELL v. J. FRANK ABELL. No. 309, September Term, 1970.Court of Special Appeals of Maryland. Decided May 28, 1971. HUSBAND AND WIFE — DIVORCE — Statute Empowering Court To Determine Ownership Of Personal Property And To Apportion Accordingly Did Not Authorize Court Of Equity, Sitting As A Divorce Court, To […]