Category: Court of Special Appeals Opinions

250 A.2d 666 JAMES KELLER FELDER v. STATE OF MARYLAND. No. 112, September Term, 1968.Court of Special Appeals of Maryland. Decided March 6, 1969. EVIDENCE — Weight Of Evidence And Credibility Of Witnesses Are For Trier Of Facts. The weight of the evidence and the credibility of the witnesses are for the trier of facts […]

313 A.2d 97 RAYMOND W. SCHWEITZER, ETC. v. JOHN DALE SHOWELL, III ET UX. No. 82, September Term, 1973.Court of Special Appeals of Maryland. Decided January 2, 1974. DAMAGES — EVIDENCE — Personal Injury — Determination Of Question Whether There Was Legally Sufficient Evidence Of Causation Between Automobile Accident And A Subsequent Event Requires Court […]

358 A.2d 273 WILLIAM CARROLL ISAACS A/K/A BILLIE CARROLL ISAACS v. STATE OF MARYLAND. No. 1015, September Term, 1975.Court of Special Appeals of Maryland. Decided June 7, 1976. CRIMINAL LAW — Detainers — Interstate Detainer Act, Article 27, §§ 616A-R, To Be Liberally Construed — Motion To Dismiss Indictment Upon Claim Of Not Being Brought […]

716 A.2d 302 KAREN McCRAY v. STATE OF MARYLAND. No. 1036, September Term, 1997.Court of Special Appeals of Maryland. August 26, 1998. Appeal from the Circuit Court, Wicomico County, D. William Simpson, J. Page 599 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

540 A.2d 494 CAROLYN M. MAKOVI v. THE SHERWIN-WILLIAMS COMPANY. No. 377, September Term, 1987.Court of Special Appeals of Maryland. May 4, 1988. Certiorari Granted September 2, 1988. Appeal from the Circuit Court for Baltimore City, Thomas Ward, J. Benjamin Lipsitz, Baltimore, for appellant. Barry Bach (Antonio R. Lopez and Smith, Somerville Case, on the […]

809 A.2d 10 REBECCA M. MOORE v. JIMEL, INC., t/a HIGHTOPPS BAR AND GRILL. No. 1985, September Term, 2001.Court of Special Appeals of Maryland. Filed: September 27, 2002. Appeal from the Circuit Court for Baltimore City, John Carroll Byrnes, J. Page 337 Michael B. Green, Towson, for appellant. Kathleen M. McDonald (Kerr McDonald, LLP on […]

437 A.2d 665 JEROME WILLIAMS AND ROOSEVELT SNEED v. STATE OF MARYLAND. No. 360, September Term, 1981.Court of Special Appeals of Maryland. Decided December 4, 1981. DOUBLE JEOPARDY — Nolle Prosequi — Operation And Effect — There Is Nothing In Nature Of Nol Pros Causing It To Operate As Acquittal — Ward v. State Logically […]

336 A.2d 795 ALLYN M. FITZGERALD ET AL. v. MONTGOMERY COUNTY BOARD OF EDUCATION. No. 954, September Term, 1974.Court of Special Appeals of Maryland. Decided May 1, 1975. SUMMARY JUDGMENTS — Function Of — Where There Is No Dispute As To Material Facts — Question Is One For Court To Determine What Ruling Of Law […]

795 A.2d 806 HERITAGE HARBOUR, L.L.C., ET AL. v. JOHN J. REYNOLDS, INC., ET AL. No. 1026, September Term, 2001Court of Special Appeals of Maryland. Filed: April 3, 2002 The Circuit Court, Anne Arundel County, Robert H. Heller, J. Page 699 Affirmed. Page 700 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

346 A.2d 466 DONALD EDWARD MOANEY v. STATE OF MARYLAND. No. 182, September Term, 1975.Court of Special Appeals of Maryland. Decided October 31, 1975. INDICTMENTS — STATUTES — Right To Indictment — Prosecution Under Charging Document Upon Demand For Jury Trial In District Court — Grand Larceny Of Goods Not Exceeding Value Of $500 — […]

581 A.2d 1287 EDWARD MANUEL, CHARLES ONWUNEME, CELESTINE ANIUNOH, CAJETAN OHAKWE AND JOSHUA BREWER v. STATE OF MARYLAND. No. 1511, September Term, 1989.Court of Special Appeals of Maryland. November 14, 1990. Certiorari Denied February 22, 1991. Appeal from the Circuit Court, Baltimore City, Clifton Gordy, J. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

452 A.2d 1299 STATE OF MARYLAND v. LAWRENCE HARDY. No. 388, September Term, 1982.Court of Special Appeals of Maryland. Decided December 8, 1982. CRIMINAL LAW — ATTEMPTED MURDER — Juveniles — Initial Jurisdiction Of Criminal Court — Criminal Court Not Juvenile Court Has Jurisdiction Over A Child 14 Years Old Or Older Alleged To Have […]

332 A.2d 338 GAIL LLOYD v. JOHN G. SCHUTES ET UX. No. 422, September Term, 1974.Court of Special Appeals of Maryland. Decided February 14, 1975. ADOPTION — Decree Of Adoption Without Consent Of Natural Parent — Where Consent Is Withheld Contrary To Best Interests Of Child — Rights Of Natural Parents — Test As To […]

278 A.2d 100 HELEN L. WIDDOES v. ROBERT C. WIDDOES. No. 586, September Term, 1970.Court of Special Appeals of Maryland. Decided June 8, 1971. CUSTODY OF INFANTS — Appellate Court To Exercise Best Judgment In Determining Whether Conclusion As To Custody The Chancellor Reached On Facts Was Best For Welfare, Benefit And Interest Of Child. […]

356 A.2d 609 JOHN T. STAUB, JR. v. JOHN T. STAUB, SR. No. 1008, September Term, 1975.Court of Special Appeals of Maryland. Decided May 10, 1976. PLEADING — Amendments To — Within Discretion Of Trial Court — Amendments Should Be Freely Permitted To Promote Ends Of Justice Conversely, Should Not Be Granted If It Will […]

550 A.2d 707 RIDGEWOOD LOG HOMES, INC. v. COMPTROLLER OF THE TREASURY. No. 368, September Term, 1988.Court of Special Appeals of Maryland. December 5, 1988. Appeal from the Circuit Court, Frederick County, Mary Ann Stepler, J. Page 383 Paula M. Junghans (Melnicove, Kaufman, Weiner, Smouse Garbis, P.A., on the brief), Baltimore, for appellant. Gaylin Soponis, […]

332 A.2d 675 MARYLAND MORTGAGE AND INVESTMENT COMPANY v. STATE OF MARYLAND. No. 532, September Term, 1974.Court of Special Appeals of Maryland. Decided February 24, 1975. CONSTITUTIONAL LAW — Equal Protection Clause — Police Power — Housing Code — Urban Renewal Ordinance For Designated Area Of Baltimore City Constitutional Application Of Police Power — Burden […]

282 A.2d 512 BOARD OF COUNTY COMMISSIONERS OF HOWARD COUNTY ET AL. v. MARK CLINTON FLEMING, JOHN LEROY WARNER AND WILLIAM IRVIN BRIGHTWELL. Nos. 104, 105 and 106, September Term, 1971.Court of Special Appeals of Maryland. Decided October 26, 1971. STATUTES — Interpretation — Legislative Intent — Cardinal Rule Of Statutory Interpretation Is That Intent […]

577 A.2d 398 7416 BALTIMORE AVENUE CORPORATION v. PENN-AMERICA INSURANCE COMPANY. No. 1793, September Term, 1989.Court of Special Appeals of Maryland. July 6, 1990. Page 693 Appeal from the Circuit Court, Prince George’s County, David Gray Ross, J. Benjamin A. Klopman (M. Michael Cramer and Cramer and Klopman, Chartered, on the brief), Rockville, for appellant. […]

946 A.2d 1 Brian MILLER v. BALTIMORE COUNTY POLICE DEPARTMENT. No. 343, September Term, 2007.Court of Special Appeals of Maryland. February 29, 2008. Reconsideration Denied May 9, 2008. Appeal from the Circuit Court, Baltimore County, Thomas J. Bollinger, J. Page 371 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

273 A.2d 463 THOMAS DEEMS CLAYTON, A/K/A THOMAS VINCENT, A/K/A THOMAS JENSEN v. STATE OF MARYLAND. THOMAS DEEMS CLAYTON v. STATE OF MARYLAND. Nos. 285, 302, September Term, 1970.Court of Special Appeals of Maryland. Decided February 8, 1971. SEARCH AND SEIZURE — Probable Cause For Warrantless Search Of Motor Vehicle — Search Held Lawful. Probable […]

497 A.2d 831 ANNA M. PROVENZA v. COMPTROLLER OF THE TREASURY. No. 146, September Term, 1985.Court of Special Appeals of Maryland. October 3, 1985. Appeal from the Circuit Court, Baltimore City, Robert I.H. Hammerman, J. Page 564 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

399 A.2d 1374 DIALIST COMPANY v. DAVID W. PULFORD. No. 656, September Term, 1978.Court of Special Appeals of Maryland. Decided April 12, 1979. CONTRACTS — EVIDENCE — Parol Evidence — Admissibility Of To Interpret Contract — Where, As Here, Particular Contract Under Consideration Was Not Without Ambiguity Trial Court Could Properly Rely Upon Parol Evidence […]

505 A.2d 930 PHILIP H. JACOBS v. JOHN L. ADAMS. KAREN RANDOLPH STEPHENSON v. PETER TSERONIS. RANZENO BARNES v. ROBERT CAUTHEN. Nos. 1001, 1010 and 1032, September Term, 1985.Court of Special Appeals of Maryland. March 13, 1986. Appeal from the Circuit Court for Prince George’s County, Audrey E. Melbourne, J. and the Circuit Court for […]

738 A.2d 326 PORTER HAYDEN COMPANY v. GEORGE WYCHE, JR., ET AL. No. 5406, September Term, 1998.Court of Special Appeals of Maryland. September 30, 1999. Appeal from the Circuit Court, Baltimore Page 383 City, Richard T. Rombro, J. Page 384 Dwight W. Stone, II (Gardner M. Duvall and Whiteford, Taylor Preston LLP, on the brief), […]

349 A.2d 384 DONALD LEROY THOMAS v. STATE OF MARYLAND. No. 231, September Term, 1975.Court of Special Appeals of Maryland. Decided November 26, 1975. ASSAULT WITH INTENT TO MURDER — INSTRUCTIONS TO JURY — Use of Handgun In Felony — Applicability Of Mullaney v. Wilbur — Burden Of Persuasion — Presumption Of Malice — Failure […]

18 A.3d 130 Kelvin COUSAR v. STATE of Maryland. No. 2683, September Term, 2009.Court of Special Appeals of Maryland. April 28, 2011. Appeal from the Circuit Court, Charles County, Amy J. Bragunier, J. Page 487 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

745 A.2d 1119 LARRY DORSEY, INDIVIDUALLY, ET AL. v. JEFFREY NOLD, D.O., ET AL. No. 1461, September Term, 1998.Court of Special Appeals of Maryland. Filed February 10, 2000. Appeal from the Circuit Court, Anne Arundel County, Lawrence H. Rushworth, J. Page 238 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

242 A.2d 808 CONNIE WILKINS, JR. v. STATE OF MARYLAND. No. 97, September Term, 1967.Court of Special Appeals of Maryland. Decided June 10, 1968. EXTRADITION — Authority Of United States Attorney General To Transfer Federal Prisoners To State Courts For Trial — Court Did Not Lack Jurisdiction To Try Prisoner Not Extradited In Accordance With […]

712 A.2d 126 NOYES AIR CONDITIONING CONTRACTORS, INC. v. WILSON TOWERS LIMITED PARTNERSHIP. No. 1268, September Term, 1997.Court of Special Appeals of Maryland. June 29, 1998. Page 284 Appeal from the Circuit Court, Montgomery County, James L. Ryan, J. Page 285 Peter A. Greenburg (Richard K. Green, on the brief), Rockville, for appellant. Stuart H. […]

675 A.2d 577 PERDUE FARMS INCORPORATED v. LINWOOD HADDER. No. 835, September Term, 1995.Court of Special Appeals of Maryland. May 1, 1996. Page 583 Appeal from the Circuit Court, Worcester County. John E. Griffith, Jr. (Piper Marbury L.L.P., Baltimore, Raymond S. Smethurst, Jr. and Adkins, Potts Smethurst, L.L.P., Salisbury, on the brief), for Appellant. J. […]

10 A.3d 201 Edward BUTCHER a.k.a. Eddie N. Butcher, Jr. v. STATE of Maryland. No. 0620, September Term, 2009.Court of Special Appeals of Maryland. December 22, 2010. Appeal from the Circuit Court, Baltimore City, Alfred Nance, J. Page 478 David P. Kennedy (Paul B. DeWolfe, Public Defender, on the brief), Baltimore, MD, for Appellant. Gary […]

319 A.2d 560 CLIFTON SPEASE AND WILLIE ROSS v. STATE OF MARYLAND. No. 419, September Term, 1973.Court of Special Appeals of Maryland. Decided May 21, 1974. CRIMINAL LAW — EVIDENCE — Challenge To Manner Of Execution Of Wiretap Order — Under Circumstances Of Case At Bar State Did Not Fail To Comply With Court-Ordered Wiretap […]

623 A.2d 726 DOROTHY CAMER v. BETTY LUPINACCI, ET AL. No. 1228, September Term, 1992.Court of Special Appeals of Maryland. April 30, 1993. Appeal from the Circuit Court, Prince George’s County, Arthur M. Ahalt, J. Page 119 Dorothy Camer, Seattle, VA, for appellant. John Edwards (Betty Lupinacci and Paul Albergo, on the brief), Takoma Park, […]

415 A.2d 301 BARBARA J. SYSKA, INDIVIDUALLY, ETC. v. MONTGOMERY COUNTY BOARD OF EDUCATION ET AL. No. 1023, September Term, 1979.Court of Special Appeals of Maryland. Decided June 10, 1980. CONSTITUTIONAL LAW — STATUTES — Compulsory Immunization Program — Constitutionality Of — Claimed As Being Violative Of Religious Clauses Of First Amendment, Equal Protection And […]

277 A.2d 625 ERNA E. HERBERT AND CHARLES A. HERBERT v. JOHN KLISENBAUER AND UNSATISFIED CLAIM AND JUDGMENT FUND BOARD. No. 479, September Term, 1970.Court of Special Appeals of Maryland. Decided June 1, 1971. DIRECTED VERDICTS — NEGLIGENCE — Since The Question Of A Party’s Negligence Is Ordinarily One Of Fact To Be Determined By […]

768 A.2d 56 DIANE DESUA v. SCOTT YOKIM. No. 2429, September Term, 1999.Court of Special Appeals of Maryland. Filed: March 5, 2001. Appeal from the Circuit Court, Montgomery County, Martha G. Kavanaugh, J. Page 139 Laura Tise Magnuson, Germantown, for appellant. James A. Sullivan (James A. Sullivan, Jr. and Sullivan Talbott on the brief), Rockville, […]

467 A.2d 1064 GENERAL MOTORS CORPORATION v. MILLER BUICK, INC. ET AL. No. 912, September Term, 1983.Court of Special Appeals of Maryland. November 10, 1983. Certiorari Denied April 2, 1984. Appeal from the Circuit Court, Montgomery County, Calvin R. Sanders, J. Page 375 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

306 A.2d 642 STEPHEN WILLIAM MINOVICH v. STATE OF MARYLAND. No. 661, September Term, 1972.Court of Special Appeals of Maryland. Decided July 9, 1973. CRIMINAL LAW — VERDICTS — INSTRUCTIONS TO JURY — Maryland Rule 756g — Plain Error Material To Rights Of Accused — Defense Of Insanity — Burden Of Proof — Failure Of […]

522 A.2d 1371 TIMOTHY ANDREW FUGET v. STATE OF MARYLAND. No. 506, September Term, 1986.Court of Special Appeals of Maryland. April 8, 1987. Appeal from the Circuit Court of Hartford County, Albert P. Close, J. Page 644 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

507 A.2d 1151 L.F.M., ET UX. v. DEPARTMENT OF SOCIAL SERVICES. No. 877, September Term, 1985.Court of Special Appeals of Maryland. May 8, 1986. Appeal from the Circuit Court, Baltimore County, Leonard S. Jacobson, J. Page 380 Gerard P. Uehlinger (Lentz, Hooper, Jacobs Blevins, P.A., on brief), Baltimore, for appellants. John C. Eidleman, Baltimore, for […]

447 A.2d 1272 LEON COLLINS v. STATE OF MARYLAND. No. 1583, September Term, 1981.Court of Special Appeals of Maryland. Decided July 13, 1982. CRIMINAL LAW — EVIDENCE — Extrajudicial Statements — Admissibility Of — Miranda Rights — Waiver Of — No Requirement That Accused Be Given Miranda Warnings Prior To Each Interrogation Nor That There […]

975 A.2d 193 Gloria A. RICE, et al. v. UNIVERSITY OF MARYLAND MEDICAL SYSTEM CORPORATION. No. 2870, September Term, 2007.Court of Special Appeals of Maryland. July 6, 2009. Appeal from the Circuit Court, Baltimore City, Albert J. Matricianni, Jr., J. Page 552 Thomas J. McNicholas (Robert E. Joyce and Suder Law Firm, P.A., on the […]

956 A.2d 829 Wayne Edward FLANAGAN v. Stephanie Bonn FLANAGAN. No. 395, September Term, 2007.Court of Special Appeals of Maryland. September 10, 2008. Appeal from the Circuit Court, Talbot County, Sidney S. Campen, Jr., J. Page 493 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]