Category: Court of Special Appeals Opinions

345 A.2d 102 PRINCE GEORGE’S COUNTY, MARYLAND ET AL. v. JOHN FAHEY. No. 22, September Term, 1975.Court of Special Appeals of Maryland. Decided October 6, 1975. APPEAL — Appellate Jurisdiction — Where No Statutory Authorization Exists — Fundamentally, In Cases Where Trial Court Exercises Special Limited Appellate Jurisdiction Conferred By Statute No Appeal Lies From […]

709 A.2d 168 CHRISTOPHER LEON HARDY v. STATE OF MARYLAND. No. 1503, September Term, 1997.Court of Special Appeals of Maryland. May 5, 1998. Appeal from the Circuit Court, Prince George’s County, Joseph S. Casula, J. Page 346 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

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 […]

269 A.2d 628 STATE OF MARYLAND v. WARREN TOELLE. No. 583, September Term, 1969.Court of Special Appeals of Maryland. Decided October 7, 1970. WITNESSES — Privilege Against Self-Incrimination — Rule Stated — Statutes Granting Immunity From Prosecution Apply To Testimony Before Grand Jury — Compelling Accused To Give Handwriting Exemplar Did Not Violate His Privilege […]

472 A.2d 1044 STATE OF MARYLAND v. WILLIAM MATTHEWS. Post Conviction No. 162, September Term, 1983.Court of Special Appeals of Maryland. April 4, 1984. Appeal from the Circuit Court, Anne Arundel County, James L. Wray, J. Page 244 William D. Roessler, Asst. State’s Atty. for Anne Arundel County, with whom was Stephen H. Sachs, Atty. […]

997 A.2d 888 Aston Patrick AGUILERA v. STATE of Maryland. No. 313, September Term, 2008.Court of Special Appeals of Maryland. July 2, 2010. Appeal from the Circuit Court, Cecil County, O. Robert Lidums, J. Page 427 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

542 A.2d 859 STATE OF MARYLAND v. COTTMAN TRANSMISSION SYSTEMS, INC. No. 475, September Term, 1988.Court of Special Appeals of Maryland. July 6, 1988. Page 648 J. Joseph Curran, Jr., Atty. Gen. (William Leibovici, Peter V. Berns, Lucy A. Weisz and William D. Gruhn, Asst. Attys. Gen., on the brief), Baltimore, for appellant. Douglas Connah, […]

568 A.2d 1150 HRANGSOTE DARRIKHUMA v. STATE OF MARYLAND. No. 672, September Term, 1989.Court of Special Appeals of Maryland. February 5, 1990. Appeal from the Circuit Court for Anne Arundel County, H. Chester Goudy, Jr., J. Page 561 Victoria S. Keating, Asst. Public Defender (Alan H. Murrell, Public Defender, on the brief), Baltimore, for appellant. […]

313 A.2d 569 GUYNETH N. EIGENBRODE v. RALPH F. EIGENBRODE. No. 245, September Term, 1973.Court of Special Appeals of Maryland. Decided January 4, 1974. ALIMONY — Separation Agreement — What Constitutes Technical Alimony — Where Agreement Makes Provision For (1) Periodic Payment For Wife’s Support (2) Which Continues During Joint Lives Of Parties For (3) […]

462 A.2d 540 DOROTHY V. FISHOW v. GARY HOWARD SIMPSON. No. 1348, September Term, 1982.Court of Special Appeals of Maryland. Decided July 8, 1983. ATTORNEY AND CLIENT — Malpractice — Breach Of Contract As Basis For Legal Malpractice Action — Legal Malpractice May Give Rise To Action For Breach Of Contract Where Attorney Was Employed […]

380 A.2d 232 ARTHUR HUTCHINSON, JR. v. STATE OF MARYLAND. No. 76, September Term, 1977.Court of Special Appeals of Maryland. Decided December 7, 1977. CONFESSIONS — Accused’s Uncontradicted Testimony As To Threat Or Inducement — When It Is Contended That Someone Employed Coercive Tactics To Obtain Inculpatory Statements, The Charge Must Be Rebutted — Where, […]

683 A.2d 784 CHARLES MICHAEL TOBIN v. MARRIOTT HOTELS, INC., ET AL. No. 1588, September Term, 1995.Court of Special Appeals of Maryland. August 29, 1996. Reconsideration Denied October 29, 1996. Appeal from the Circuit Court, Montgomery County, Pincus, J. Page 567 Joel S. Aronson (Charles Michael Tobin, on the brief), Washington, DC, for Appellant. Daniel […]

982 A.2d 938 Melody ELSTE v. ISG SPARROWS POINT, LLC, et al. No. 1625, September Term, 2008.Court of Special Appeals of Maryland. October 29, 2009. Appeal from the Circuit Court, Baltimore City, Finifter, J. Page 635 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

468 A.2d 1040 LEE THOMAS BARNES v. STATE OF MARYLAND. No. 15, September Term, 1983.Court of Special Appeals of Maryland. January 5, 1984. Certiorari Denied May 28, 1984. Appeal from the Circuit Court, Garrett County, Fred A. Thayer, J. Page 51 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

252 A.2d 290 CHARLES L. BODDIE, WILLIAM BODDIE AND MARION C. BROOKS v. STATE OF MARYLAND. No. 225, September Term, 1968.Court of Special Appeals of Maryland. Decided April 21, 1969. INDICTMENT — Accused Must Be Informed Of Charge Against Him. An indictment must be adequately framed to inform the accused of the charge against him […]

227 A.2d 364 MORRIS ANGLIN, JR. v. STATE OF MARYLAND. No. 18, Initial Term, 1967.Court of Special Appeals of Maryland. Decided March 14, 1967. SEARCH AND SEIZURE — Right To Seize “Fruit” Of Crime — Officers Need Not Know Seized Property Is “Fruit” — Only “Unreasonable” Searches Prohibited By Fourth Amendment —Reasonable Cause Shown For […]

282 A.2d 154 FRANK EARLY v. STATE OF MARYLAND. No. 33, September Term, 1971.Court of Special Appeals of Maryland. Decided October 19, 1971. ACCOMPLICES AND ACCESSORIES — Witnesses — Credibility Of A Witness Is For Trier Of Fact — A Person Accused Of Crime May Not Be Convicted On Uncorroborated Testimony Of An Accomplice — […]

547 A.2d 636 FREDERICK R. WEISMAN, ET AL. v. ARTHUR B. CONNORS. No. 522, September Term, 1986.Court of Special Appeals of Maryland. September 29, 1988. Appeal from the Circuit Court, Anne Arundel County, H. Chester Goudy, J. Page 489 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

459 A.2d 601 JOSEPH EUGENE VENABLES, ALSO KNOWN AS JOSEPH VENABLES AYRES v. JOHN J.B. AYRES. No. 1382, September Term, 1982.Court of Special Appeals of Maryland. Decided May 4, 1983. ADOPTION — Validity Of Adoption Decree When Entered After Adopting Petitioner Dies — Abatement Of Equity Action — Death Of Party Generally Will Abate Action […]

577 A.2d 363 STATE HIGHWAY ADMINISTRATION v. GREINER ENGINEERING SCIENCES, INC. No. 1677, September Term, 1989.Court of Special Appeals of Maryland. July 3, 1990. Appeal from the Circuit Court for Baltimore County, John Grason Turnbull, J. Page 622 Joseph P. Gill, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on the brief), Baltimore, for […]

933 A.2d 405 ARCHERS GLEN PARTNERS, INC., et al. v. Betty GARNER, et al. No. 1281, September Term, 2006.Court of Special Appeals of Maryland. July 6, 2007. Reconsideration Denied October 31, 2007. Appeal from the Circuit Court, C. Philip Nichols, Jr., J. Page 293 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

452 A.2d 440 GEORGEINE EMILIO HOURIE v. STATE OF MARYLAND. No. 1294, September Term, 1981.Court of Special Appeals of Maryland. Decided November 9, 1982. PERJURY — Article 88A, § 62(a) — Fraudulent Statement With Intent To Procure Money. Food Stamps And Other Assistance — “Welfare Perjury” — Two-Witness Rule Governing Perjury Trials — Common Law […]

763 A.2d 1207 THOMAS J. CARVEN, et ux. v. VIVIAN M. HICKMAN, PERSONAL REPRESENTATIVE OF THE ESTATE OF LOUIS J. HICKMAN, et al. No. 2241, September Term, 1999.Court of Special Appeals of Maryland. Filed: December 22, 2000. The Circuit Court, Worcester County, Thomas C. Groton, III, J. Reversed and remanded. Page 646 [EDITORS’ NOTE: THIS […]

885 A.2d 937 B.G. v. M.R. No. 1761, September Term, 2004.Court of Special Appeals of Maryland. November 7, 2005. Appeal from the Circuit Court, Prince George’s County, Schiff, J. Page 533 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 534 Michael Wein, […]

231 A.2d 726 RAYMOND LEE PRATHER v. WARDEN, MARYLAND PENITENTIARY. No. 154, Initial Term, 1967.Court of Special Appeals of Maryland. Decided July 14, 1967. POST CONVICTION PROCEDURE — Guilty Plea Constitutes Waiver Of Non-Jurisdictional Defects. A plea of guilty, freely and intelligently made, operates as a waiver of all non-jurisdictional defects. p. 479 A voluntary […]

489 A.2d 91 AARON WARD v. FEDERAL KEMPER INSURANCE COMPANY. No. 988, September Term, 1984.Court of Special Appeals of Maryland. March 15, 1985. Appeal from the Circuit Court, Baltimore City, Robert L. Karwacki, J. Page 352 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

868 A.2d 895 Lamont MATTHEWS v. STATE of Maryland No. 2321, September Term, 2001.Court of Special Appeals of Maryland. February 24, 2005. Appeal from the Circuit Court, Baltimore City, Matricciani, J. Page 249 Aaron G. Seltzer (Nancy S. Forster, Public Defender, on brief), for appellant. Ann N. Bosse (J. Joseph Curran, Jr., Atty. Gen., on […]

327 A.2d 793 IN RE APPEAL NO. 179, SEPTEMBER TERM, 1974 FROM THE CIRCUIT COURT FOR DORCHESTER COUNTY, SITTING AS A JUVENILE COURT. No. 179, September Term, 1974.Court of Special Appeals of Maryland. Decided November 20, 1974. JUVENILE PROCEEDINGS — Discretion Of Court — Nature Of Proceedings — Concept Of Juvenile Law — Disposition In […]

589 A.2d 1330 LEONARD E. JOYNER AND KEITH WATSON v. STATE OF MARYLAND. No. 1181, September Term, 1990.Court of Special Appeals of Maryland. May 16, 1991. Appeal from the Circuit Court for Baltimore County, John C. Themelis, J. Page 445 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

348 A.2d 866 JAMES STEVEN SETZER v. STATE OF MARYLAND. No. 287, September Term, 1975.Court of Special Appeals of Maryland. Decided December 4, 1975. CRIMINAL LAW — WITNESSES — EVIDENCE — Rebuttal Witness — Failure To Rebut Defense Testimony — “Bad Man” Theory — Inadmissibility Of Evidence — Attempt To Describe Accused As Criminal Likely […]

253 A.2d 387 FRED ANDERSON v. STATE OF MARYLAND. No. 289, September Term, 1968.Court of Special Appeals of Maryland. Decided May 5, 1969. CONFESSIONS — Waiver Of Miranda Rights — Written Statement Properly Admitted. If, after the constitutional warnings required by Miranda v. Arizona, 384 U.S. 436, 86 Sup. Ct. 1602, 16 L.Ed.2d 694 (1966) […]

560 A.2d 592 ATLANTIC SEA-CON. LTD., ET AL. v. ROBERT DANN COMPANY. No. 1809 September Term, 1988.Court of Special Appeals of Maryland. July 6, 1989. Certiorari Granted November 28, 1989. Appeal from the Circuit Court, Worcester County, Theodore R. Eschenburg, J. Page 162 Fulton P. Jeffers (Christopher F. Davis and Hearne Bailey, P.A., on the […]

917 A.2d 142 Scott BENDER v. Steven SCHWARTZ. No. 505, September Term, 2006.Court of Special Appeals of Maryland. March 1, 2007. Appeal from the Circuit Court, Montgomery County, William J. Rowan, III, J. Page 649 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

536 A.2d 116 VAUGHN JONES v. MARILYN JOHNSON, ET AL. No. 622, September Term, 1987.Court of Special Appeals of Maryland. January 18, 1988. Appeal from the Circuit Court, Caroline County, J. Owen Wise, J. Page 664 John L. Kopolow, Asst. Public Defender (Alan H. Murrell, Public Defender, on brief), Baltimore, for appellant. Mary Ellen Barbera, […]

416 A.2d 283 GERRY POTTER’S STORE FIXTURES, INC. v. ZEV COHEN T/A NATURALLY GOOD YOGURT SHOP No. 702, September Term, 1979.Court of Special Appeals of Maryland. Decided July 9, 1980. LICENSES — CONTRACTS — Contracts Entered Into By Unlicensed Person Engaged In A Trade, Business Or Profession, Required To Be Licensed, And Made In The […]

243 A.2d 629 VIRGINIA JOHNSON v. STATE OF MARYLAND. No. 268, September Term, 1967.Court of Special Appeals of Maryland. Decided June 19, 1968. WITNESSES — Trial Court Under No Obligation To Believe Accused. Trial court was under no obligation to accept the testimony of the accused. p. 395 ASSAULT AND BATTERY — Evidence Sufficient To […]

500 A.2d 344 VERNON E. LOHRMANN, SR., ET AL. v. THE ARUNDEL CORPORATION, ET AL. No. 253, September Term, 1985.Court of Special Appeals of Maryland. November 18, 1985. Appeal from the Circuit Court, Anne Arundel County, Bruce C. Williams, J. Page 310 Ronald G. Dawson (Smith, Somerville Case on the brief), Annapolis, for appellants. Sharon […]

935 A.2d 468 Carroll Antonio HATCHER v. STATE of Maryland. No. 1055 September Term, 2006.Court of Special Appeals of Maryland. November 7, 2007. Appeal from the Circuit Court, Washington County, John H. McDowell, J. Page 360 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

315 A.2d 110 MATTER OF HOWARD SORRELL AND CALVIN SORRELL. No. 341, September Term, 1973.Court of Special Appeals of Maryland. Decided February 14, 1974. APPEAL — Untimely Taken — Maryland Rules 1012 And 1013 — Appeal From Juvenile Dispositional Hearing Not Taken Within Time Prescribed By Rules Not Properly Before Court On Review — Trial […]

694 A.2d 522 WESLEY A. BRYAN ET AL. v. STATE ROADS COMMISSION OF THE STATE HIGHWAY ADMINISTRATION. No. 1511, September Term, 1996.Court of Special Appeals of Maryland. June 2, 1997. Appeal from the Circuit Court, Montgomery County. Page 708 R. Edwin Brown (Laurie R. Hanig and Brown Sturm, on the brief), Rockville, for Appellants. Janet […]

790 A.2d 773 KATHLEEN SCHROEDER v. ROLAND BROADFOOT, JR. No. 480, September Term, 2001Court of Special Appeals of Maryland. Filed: February 5, 2002 Circuit Court, Carroll County, Michael M. Galloway, J. Vacated and remanded. Page 570 Samantha Z. Smith (Hickman Ulsch, McFaul Smith, P.A., on the brief), Westminster, for appellant. Martha Ann Sitterding, Westminster, for […]

798 A.2d 1155 DANIEL COLLINS v. CYNTHIA COLLINS No. 120, September Term, 2001Court of Special Appeals of Maryland. Filed: May 30, 2002 In the Circuit Court, Montgomery County, James L. Ryan, J. Page 396 Affirmed in part; vacated in part; remanded. Page 397 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

353 A.2d 653 ROBERT TYRONE TISDALE v. STATE OF MARYLAND. No. 346, September Term, 1975.Court of Special Appeals of Maryland. Decided February 27, 1976. CRIMINAL LAW — Voir Dire — Peremptory Challenges — Refusal To Strike Jurors For Cause On Basis Of Admission They Would Give More Weight To Police Testimony Merely Because Witness Was […]

669 A.2d 773 GENERAL ACCIDENT INSURANCE COMPANY v. FLORENCE E. SCOTT, ET AL. No. 901, September Term, 1994.Court of Special Appeals of Maryland. January 3, 1996. Appeal from the Circuit Court, City of Baltimore, Clifton J. Gordy, Jr., J. Page 604 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

661 A.2d 747 DWIGHT RALPH SMALLWOOD v. STATE OF MARYLAND. No. 1678, September Term, 1994.Court of Special Appeals of Maryland. July 13, 1995. Appeal from the Circuit Court, Prince George’s County, C. Philip Nichols, J., Page 2 Julia Doyle Bernhardt, Asst. Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for appellant. Kimberly […]

445 A.2d 349 JOSEPH ANTHONY RISPOLI, PERSONAL REPRESENTATIVE OF THE ESTATE OF ANTHONY FRED RISPOLI v. JOEL JACKSON ET AL. No. 1190, September Term, 1981.Court of Special Appeals of Maryland. Decided May 21, 1982. APPEAL — Waiver Of Appeal Rights — Voluntary Acceptance Of Benefits Accruing To Party Under A Judgment, Order Or Decree Operates […]

375 A.2d 1129 LARRY DONNELL PHARR v. STATE OF MARYLAND. No. 732, September Term, 1976.Court of Special Appeals of Maryland. Decided July 7, 1977. CONFESSIONS — EVIDENCE — Voluntariness As Affected By Intoxication, Capacity To Comprehend And Understanding Waiver Of Rights, And As Induced By Alleged Promise Made After Completion Of Confession To Recommend Personal […]

466 A.2d 895 KENNETH WAYNE JONES v. STATE OF MARYLAND. No. 1909, September Term, 1982.Court of Special Appeals of Maryland. October 17, 1983. Appeal from the Circuit Court, Cecil County, Donaldson C. Cole, Jr., J. Page 102 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

543 A.2d 398 ALFRED P. VOGEL v. STATE OF MARYLAND No. 1496, September Term, 1987.Court of Special Appeals of Maryland. July 8, 1988. Certiorari Granted October 13, 1988. Appeal from the Circuit Court, Montgomery County, Calvin R. Sanders, J. Page 57 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

852 A.2d 1047 MARY ANN HINES, ET VIR. v. JOHN FRENCH, ET AL. No. 1784, September Term, 2003.Court of Special Appeals of Maryland. Filed: July 2, 2004. Appeal from the Circuit Court, Harford County, William O. Carr, J. Page 537 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

488 A.2d 195 JOHN EDWARD BOOTH AKA MARVIN CURTIS BOOTH v. STATE OF MARYLAND. No. 773, September Term, 1984.Court of Special Appeals of Maryland. February 19, 1985. Certiorari Granted June 11, 1985. Appeal from the Circuit Court, Baltimore City, Martin B. Greenfeld, J. Page 27 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

599 A.2d 1207 IVAN ANTONIO MEJIA v. STATE OF MARYLAND. No. 377, September Term, 1991.Court of Special Appeals of Maryland. January 6, 1992. Certiorari Granted April 28, 1992. Appeal from the Circuit Court, Montgomery County, Jerry Hyatt, J. Page 32 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

371 A.2d 449 MELODI MARIE HUSTON A/K/A WANDA LEE KING v. STATE OF MARYLAND. No. 639, September Term, 1976.Court of Special Appeals of Maryland. Decided April 7, 1977. CRIMINAL LAW — EVIDENCE — Use Of Prior Conviction For Impeachment — Whether To Admit Evidence Of A Prior Conviction For Impeachment Purposes Is Ordinarily In Sound […]

406 A.2d 684 EDWARD J. RUPINSKI ET AL. v. ANDREW BIEL ET AL. No. 61, September Term, 1979.Court of Special Appeals of Maryland. Decided October 17, 1979. ALCOHOLIC BEVERAGES — APPEAL — JUDICIAL REVIEW — STATUTES —Article 2B, § 175(f) Prohibiting Further Appeal From A Decision Of A Circuit Court, Also Provides That An Appeal […]

688 A.2d 545 BELL ATLANTIC-MARYLAND, INC. v. THE MARYLAND STADIUM AUTHORITY. No. 788, September Term, 1996.Court of Special Appeals of Maryland. February 5, 1997. Appeal from the Circuit Court, Baltimore City, Joseph H.H. Kaplan, J. Page 641 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]