Category: Court of Special Appeals Opinions

267 A.2d 291 ELLIS RICHARD DOUGLAS, JR. v. STATE OF MARYLAND. No. 552, September Term, 1969.Court of Special Appeals of Maryland. Decided July 7, 1970. EVIDENCE — Waiver Of Objection To Admissibility — Admissibility Of Evidence Of Other Offenses — Rule Stated — Exception — Witness’s Answer Did Not Indicate That Appellant Had “Prior Criminal […]

973 A.2d 879 EMPLOYEES’ RETIREMENT SYSTEM OF BALTIMORE COUNTY, Maryland v. Garry A. BROWN. No. 0954, September Term, 2008.Court of Special Appeals of Maryland. June 11, 2009. Appeal from the Circuit Court, Baltimore County, Mickey J. Norman, J. Page 294 Suzanne T. Berger (John E. Beverungen, County Atty., on the brief), Towson, for appellant. John […]

920 A.2d 597 David TRAIL v. TERRAPIN RUN, LLC. No. 810, September Term, 2006.Court of Special Appeals of Maryland. April 6, 2007. Appeal from the Circuit Court, Allegany County, Leasure, J. Page 44 William C. Wantz, Hagerstown, for appellant. Robert S. Paye, Cumberland, for appellee. Panel JAMES R. EYLER, THEODORE G. BLOOM (Ret, specially assigned), […]

558 A.2d 798 KATHLEEN SMITH v. FREDERICK D. SMITH. No. 1444, September Term, 1988.Court of Special Appeals of Maryland. June 9, 1989. Page 651 Appeal from the Circuit Court, Anne Arundel County, Raymond G. Thieme, Jr., J. Page 652 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

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 […]

812 A.2d 342 STATE OF MARYLAND v. JAMAR BROOKS, LATONIA BROOKS, AND CHARLTON FREDERICK ANDERSON Nos. 0934, 0935, 0937 September Term, 2002.Court of Special Appeals of Maryland. Filed: December 6, 2002. Appeal from the Circuit Court, Harford County, Stephen M. Waldron, J. Page 375 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

280 A.2d 9 PHILLIP BERNARD KANE, A/K/A GHOST v. STATE OF MARYLAND. No. 379, September Term, 1970.Court of Special Appeals of Maryland. Decided July 30, 1971. SEARCHES AND SEIZURES — General Warrants To Search Suspected Places, Without Describing Place “In Special” Are Proscribed By Declaration Of Rights Of Maryland, Article 26 — Fourth Amendment To […]

887 A.2d 45 Stanley McCLELLAN v. DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES. No. 1391, September Term, 2004.Court of Special Appeals of Maryland. September 19, 2005. Reconsideration Denied December 28, 2005. Appeal from the Circuit Court, Baltimore City, Allen Schwait, J. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

560 A.2d 599 CLIFFORD E. MEREDITH, ET AL. v. TALBOT COUNTY, MARYLAND, ET AL. No. 1115 September Term, 1988.Court of Special Appeals of Maryland. July 7, 1989. Appeal from the Circuit Court, Talbot County, Marvin H. Smith, J. Page 175 George J. Goldsborough, Jr. (Goldsborough Tolley, on the brief), Easton, for appellants. Page 176 Andrew […]

638 A.2d 1196 MOUNT VERNON FIRE INSURANCE COMPANY v. SCOTTSDALE INSURANCE COMPANY, ET AL. No. 850, September Term, 1993.Court of Special Appeals of Maryland. March 31, 1994. Appeal from the Circuit Court, Baltimore City, Richard T. Rombro, J. Page 546 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

531 A.2d 1290 JEROME EDWARD BUIE v. STATE OF MARYLAND. No. 100 September Term, 1987.Court of Special Appeals of Maryland. October 9, 1987. Certiorari Denied January 7, 1988. Appeal from the Circuit Court, Prince George’s County, Jacob S. Levin, J. Page 563 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

805 A.2d 1186 STATE OF MARYLAND v. VICTOR COLEY No. 180 September Term, 2002Court of Special Appeals of Maryland. Filed: August 28, 2002 Page 503 Appeal from the Circuit Court of Prince George’s County, Richard H. Sothoron, J. Page 504 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

345 A.2d 110 ANTHONY SYLVESTER FISHER v. STATE OF MARYLAND. No. 897, September Term, 1974.Court of Special Appeals of Maryland. Decided October 3, 1975. ENTRAPMENT — Inducement Means Someone Employed For Purpose Of Prosecution Had Induced Accused To Commit Offense Charged Which He Would Not Have Otherwise Committed — Entrapment Occurs Only When Criminal Conduct […]

471 A.2d 335 PENELOPE BENDER v. MORTON A. BENDER. MORTON A. BENDER v. CHARLES N. SHAFFER, ET AL. No. 645, September Term, 1983.Court of Special Appeals of Maryland. February 10, 1984. As Corrected March 6, 1984. Certiorari Denied June 25, 1984. Page 594 Appeal from the Circuit Court, Montgomery County, John F. McAuliffe, J. Page […]

908 A.2d 657 Elba M. HILDEBRANT v. EDUCATIONAL TESTING SERVICE, et al. No. 221, September Term, 2005.Court of Special Appeals of Maryland. September 28, 2006. Appeal from The Circuit Court, Montgomery County, Debelius, J. Page 24 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

705 A.2d 334 VANDERLY MOURA, INDIVIDUALLY, ETC., ET AL. v. WARREN RANDALL. No. 240, September Term, 1997.Court of Special Appeals of Maryland. February 9, 1998. Appeal from the Circuit Court, Montgomery County, Paul H. Weinstein, J. Reversed and remanded. Page 633 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

874 A.2d 491 Corinne GONZALES v. Lawrence BOAS. No. 2014, September Term, 2003.Court of Special Appeals of Maryland. May 17, 2005. Appeal from the Circuit Court, Baltimore County, Thomas J. Bollinger, J. Page 345 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

720 A.2d 1 SCOTT JEROME, ET AL. v. WINKLER CONSTRUCTION COMPANY, INC. No. 81, September Term, 1998.Court of Special Appeals of Maryland. November 4, 1998. Appeal from the Circuit Court, Carroll County, Raymond E. Beck, Sr., J., Page 547 Gregory J. Psoras (George Psoras, Jr. on the brief), Towson, for appellants. T. Bruce Hanley, Towson, […]

9 A.3d 508 MEMC ELECTRONIC MATERIALS, INC., et al. v. BP SOLAR INTERNATIONAL, INC. No. 1517, September Term, 2009.Court of Special Appeals of Maryland. December 3, 2010. Appeal from the Circuit Court, Frederick County, John H. Tisdale, J. Page 319 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

998 A.2d 361 Harry Boston PALMER v. STATE of Maryland. Nos. 1408, September Term, 2008, 2427, September Term, 2009.Court of Special Appeals of Maryland. July 5, 2010. Appeal from the Circuit Court, Howard County, Richard S. Berhnardt, J. Page 523 Matthew H. Fogelson (Paul B. DeWolfe, Public Defender, on the brief) Baltimore, MD, for appellant. […]

334 A.2d 572 PETER PAUL OLIVER v. STATE OF MARYLAND. No. 801, September Term, 1974.Court of Special Appeals of Maryland. Decided April 9, 1975. CRIMINAL LAW — INSTRUCTIONS TO JURY — By Bailiff — By Judge — “Allen Charge” — In Circumstances Of Instant Case, Impropriety Of Bailiff’s Having Breached Quarantine Of A Juror’s Deliberations, […]

437 A.2d 694 SUSAN MARINE v. CURTIS JOHNSON. No. 418, September Term, 1981.Court of Special Appeals of Maryland. Decided December 7, 1981. APPEAL — Ordinarily Appellate Court Will Consider Only Questions Raised And Decided In The Trial Court — However, Rule Does Permit Court To Consider Original Issues In Appropriate, Circumstances Such As In The […]

814 A.2d 572 ELBERT SALLIE et al. v. TAX SALE INVESTORS, INC. et al. No. 2673, September Term, 2001Court of Special Appeals of Maryland. Filed: December 30, 2002 Appeal from the Circuit Court, Baltimore City, Joseph H. H. Kaplan, J. Page 142 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

24 A.3d 149 Devin James CHAMPAGNE v. STATE of Maryland. No. 2424, September Term, 2009.Court of Special Appeals of Maryland. July 7, 2011. Appeal from the Circuit Court, Howard County, Richard S. Bernhardt, J. Page 672 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

701 A.2d 1221 STATE OF MARYLAND v. DILANTE ANTONIO WHEELER. No. 186, September Term, 1997.Court of Special Appeals of Maryland. November 4, 1997. Appeal from the Circuit Court, Prince George’s County, Darlene G. Perry, J. Page 143 Celia Anderson Davis, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, and Jack B. Johnson, State’s […]

237 A.2d 90 LESTER ALLEN v. STATE OF MARYLAND. No. 140, September Term, 1967.Court of Special Appeals of Maryland. Decided January 15, 1968. ARREST — Contention Deemed Frivolous — Arrest Held Lawful. Appellant’s contention that the arresting officer’s failure to “check out” appellant’s explanation of his presence on the scene rendered his arrest illegal, was […]

268 A.2d 590 LLOYD McDUFFIE v. STATE OF MARYLAND. No. 518, September Term, 1969.Court of Special Appeals of Maryland. Decided August 18, 1970. PRESUMPTIONS AND BURDEN OF PROOF — Burden Upon State To Establish Accused’s Guilt Beyond Reasonable Doubt. Every individual accused of a crime is presumed to be innocent, and, in order to justify […]

799 A.2d 448 DENISE FORD v. SHERMAN DOUGLAS No. 1228, September Term, 2001Court of Special Appeals of Maryland. Filed: June 4, 2002 The Circuit Court, Montgomery County, William Cave, J. Affirmed in part, reversed in part, vacated in part, and remanded. Page 621 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

978 A.2d 839 Michael C. WORSHAM v. Robert GREENFIELD, et ux. No. 1810, September Term, 2007.Court of Special Appeals of Maryland. August 27, 2009. Appeal from the Circuit Court for Hartford County, Plitt, J. Page 324 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

447 A.2d 872 JAMES EDWARD WARD v. STATE OF MARYLAND. No. 1249, September Term, 1981.Court of Special Appeals of Maryland. Decided July 8, 1982. CRIMINAL LAW — INSTRUCTIONS TO JURY — “Allen” Charge — After Announced Jury Deadlock — Where Twice Delivered — Claim Of Coerced Jury — Length Of Time Jury Held To Secure […]

857 A.2d 638 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES v. Constance THOMAS. No. 1015, September Term, 2003.Court of Special Appeals of Maryland. September 9, 2004. Appeal from the Circuit Court, Baltimore City, Wanda K. Heard, J. Page 541 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

254 A.2d 214 JERRY JEROME ROGERS, A/K/A WAYNE THEODORE SMITH, AND FRANK ASHTON HAWKINS v. STATE OF MARYLAND. No. 405, September Term, 1968.Court of Special Appeals of Maryland. Decided June 3, 1969. BREAKING AND ENTERING — Fingerprint Evidence Held Insufficient To Sustain Convictions Of Storehouse Breaking. Appellants’ convictions of storehouse breaking were reversed and their […]

336 A.2d 819 TONY WITHERSPOON v. STATE OF MARYLAND. No. 678, September Term, 1974.Court of Special Appeals of Maryland. Decided May 5, 1975. CRIMINAL LAW — Plea Bargaining — There Was No Breach Of Agreement Which Led To Accused’s Guilty Pleas To Assault With Intent To Rape And Robbery Charges. pp. 56-57 CRIMINAL LAW — […]

718 A.2d 693 HERBERT HIMELFARB ET AL. v. THE HARTFORD FIRE INSURANCE COMPANY. No. 61, September Term, 1998.Court of Special Appeals of Maryland. October 5, 1998. Appeal from the Circuit Court for Baltimore City, John Carroll Byrnes, J. Page 457 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

352 A.2d 324 LARRY CARL McBRYDE AND CECIL DOUGLAS BLAND v. STATE OF MARYLAND. No. 356, September Term, 1975.Court of Special Appeals of Maryland. Decided February 27, 1976. CRIMINAL LAW — Accessory Before Fact To Armed Robbery — Distinction Between Principals And Accessory Before Fact — A Person Cannot Be Convicted On An Indictment Charging […]

368 A.2d 1024 BAY STATE INSURANCE COMPANY v. ROBERT H. HILL. No. 389, September Term, 1976.Court of Special Appeals of Maryland. Decided February 3, 1977. CONTRACTS — LIMITATIONS OF ACTIONS — PLEADING — Plea Asserting Two Year Period Of Limitations To Amended Declaration Alleging Implied Warranties — Maryland Rule 320 d 6 — Where, As […]

786 A.2d 783 GARY EDWARD LAMB v. STATE OF MARYLAND No. 186, September Term, 2001Court of Special Appeals of Maryland. Filed: December 5, 2001 Circuit Court, Prince George’s County, Micheal P. Whalen, J., Vacated in part; reversed in part and remanded. Page 611 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

614 A.2d 1329 SHIRLEY MAE CORBIN v. STATE OF MARYLAND. No. 206, September Term, 1992.Court of Special Appeals of Maryland. November 2, 1992. Appeal from the Circuit Court, Wicomico County, D. William Simpson, J. Page 22 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

282 A.2d 147 PATRICK D. MILLS v. STATE OF MARYLAND. No. 45, September Term, 1971.Court of Special Appeals of Maryland. Decided October 20, 1971. MANSLAUGHTER — Involuntary — Involuntary Manslaughter Defined As Killing Of Another Unintentionally Without Malice (1) In Doing Some Unlawful Act Not Amounting To A Felony, (2) In Negligently Doing Some Act […]

558 A.2d 412 KENNETH WILLIAM SNYDER v. LISA SNYDER. No. 329 September Term, 1988.Court of Special Appeals of Maryland. June 5, 1989. Appeal from the Circuit Court, Baltimore County, John F. Fader, II., J. Page 449 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

240 A.2d 291 ALPHONSO CLARKE v. STATE OF MARYLAND. No. 67, September Term, 1967.Court of Special Appeals of Maryland. Decided April 1, 1968. CONFESSIONS — Routine Questions Did Not Constitute Interrogation Of Type Proscribed By Miranda Decision. Although appellant was in police custody and had indicated that he wanted to exercise the rights afforded by […]

500 A.2d 341 FREDERICK ALLEN CHRISTIAN v. STATE OF MARYLAND. No. 169, September Term, 1985.Court of Special Appeals of Maryland. November 18, 1985. Certiorari Granted February 26, 1986. Appeal from the Circuit Court, Baltimore County, James S. Sfekas, J. Page 304 Thomas J. Saunders, Dist. Public Defender, Towson (Alan H. Murrell, Public Defender, Baltimore, on […]

460 A.2d 609 STAUFFER CONSTRUCTION COMPANY, INC. v. BOARD OF EDUCATION OF MONTGOMERY COUNTY. No. 1311, September Term, 1982.Court of Special Appeals of Maryland. Decided May 10, 1983. ARBITRATION — Court’s Jurisdiction May Be Invoked In Two Limited Contexts Namely: To Compel Or Stay Arbitration — Issue To Be Considered By Court Is The Existence […]

720 A.2d 1264 MARILYN ROSENTHAL, et vir. v. LEE McEVOY MUELLER, et al. No. 360, September Term, 1998Court of Special Appeals of Maryland. December 3, 1998 Appeal from the Circuit Court for Baltimore City, Albert J. Matricciani, J. Page 171 Leonard Orman, Baltimore, for Appellants. Jacqueline M. Bunty, Baltimore, for Appellees. Argued before MOYLAN and […]

584 A.2d 101 M G CONVOY, INC., ET AL. v. HENRY L. MAUK. No. 279, September Term, 1990.Court of Special Appeals of Maryland. January 17, 1991. Appeal from the Circuit Court, Cecil County, Donaldson C. Cole, Jr., J. Page 395 John D. Kromkowski (Rudolph L. Rose, David A. Skomba and Semmes, Bowen Semmes, on the […]

338 A.2d 411 JAMES HOWARD THOMPSON v. STATE OF MARYLAND. No. 766, September Term, 1974.Court of Special Appeals of Maryland. Decided June 2, 1975. CRIMINAL LAW — JURISDICTION — Right To Jury Trial — “Driving With Ability Impaired Or Intoxicated” — “Driving And Skidding, Spinning Wheels” — Effect Of Nolle Prosequi — Transfer From District […]

501 A.2d 499 RUTH ELLEN KLOETZLI v. EDWARD S. KALMBACHER, ET AL. No. 469, September Term, 1985.Court of Special Appeals of Maryland. December 13, 1985. Appeal from the Circuit Court for Baltimore City, Thomas E. Noel, J. Page 596 Lawrence S. Greenwald (Jerrold A. Thrope and Gordon, Feinblatt, Rothman, Hoffberger Hollander, on brief), Baltimore, for […]

970 A.2d 921 Andrew HEIGHT v. STATE of Maryland. No. 1021, Sept. Term, 2007.Court of Special Appeals of Maryland. May 6, 2009. Appeal from the Circuit Court for Baltimore City, Robert B. Kershaw, J. Page 318 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

598 A.2d 756 LENNY EPPS v. STUART SIMMS, STATE’S ATTORNEY FOR BALTIMORE CITY. MAURICE C. PROCTOR v. STUART SIMMS, STATE’S ATTORNEY FOR BALTIMORE CITY. Nos. 1379, 1853, September Term, 1990.Court of Special Appeals of Maryland. November 29, 1991. Appeal from the Circuit Court, Baltimore City, Joseph H.H. Kaplan and David Ross, JJ. Page 372 [EDITORS’ […]

647 A.2d 1240 CHARLES CURTIS HIMPLE v. STATE OF MARYLAND. No. 1911, September Term, 1993.Court of Special Appeals of Maryland. September 28, 1994. Appeal from the Circuit Court, Baltimore City, Thomas Ward, J. James Wyda, Asst. Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for appellant. Mary Ann Ince, Asst. Atty. Gen. […]