Category: Court of Special Appeals Opinions

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, […]

408 A.2d 1058 ROBERT MICHAEL WILSON A/K/A PETER WILSON A/K/A RICHARD WILSON v. STATE OF MARYLAND. No. 246, September Term, 1979.Court of Special Appeals of Maryland. Decided December 7, 1979. CRIMINAL LAW — INSTRUCTIONS TO JURY — APPEAL — Preliminary Instructions — As To Law Of Reasonable Doubt — Maryland Rule 757 d — Scope […]

465 A.2d 1192 AMOCO OIL COMPANY v. JULIA A. LUEHRS, PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLIAM J. LUEHRS, JR. ET AL. No. 463, September Term, 1983.Court of Special Appeals of Maryland. Decided October 7, 1983. INJUNCTIONS — The Party Seeking A Preliminary Injunction Must Demonstrate: 1) Likelihood Of Success On The Merits; 2) The […]

833 A.2d 170 JEFFREY SUPIK, et ux., v. BODIE, NAGLE, DOLINA, SMITH HOBBS, P.A., et al. Case No. 1697, September Term, 2002Court of Special Appeals of Maryland. Filed: October 29, 2003 Page 699 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 700 […]

332 A.2d 300 DIANA W. PALMS ET AL. v. SHELL OIL COMPANY ET AL. No. 447, September Term, 1974.Court of Special Appeals of Maryland. Decided February 18, 1975. NEGLIGENCE — Intervening Cause — Failure Of Trial Court To Consider Foreseeable Factor — Contributory Negligence — Child Of Tender Years — In Gauging Foreseeability Of Subsequent […]

425 A.2d 222 THOMAS A. CULVER v. RUTH C. CULVER, PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT L. CULVER. No. 484, September Term, 1980.Court of Special Appeals of Maryland. Decided February 4, 1981. WILLS — Vested Remainder — Testamentary Intent — Intent Of Testator, If Clearly Ascertainable From Language Of Will, Must Control — From […]

620 A.2d 401 SILVANO ARNOLDO SAENZ, v. STATE OF MARYLAND. No. 558, September Term, 1992.Court of Special Appeals of Maryland. February 25, 1993. Appeal from the Circuit Court, Montgomery County, Paul A. McGuckian, J. Page 239 Harry A. Suissa (Myers Suissa, on the brief), Silver Spring, for appellant. Thomas K. Clancy, Asst. Atty. Gen., (J. […]

959 A.2d 105 Kevin George DiGENNARO v. STATE of Maryland. No. 435, September Term, 2007.Court of Special Appeals of Maryland. October 29, 2008. Appeal from the Circuit Court, Harford County, Marshall, J. Page 625 Amy E. Brennan (Nancy S. Forster, Public Defender, on brief), for Appellant. Page 626 Cathleen C. Brockmeyer (Douglas F. Gansler, Atty. […]

969 A.2d 1024 Victoria EVANS, et al. v. COUNTY COUNCIL OF PRINCE GEORGE’S, SITTING AS the DISTRICT COUNCIL, et al. No. 2887, September Term, 2006.Court of Special Appeals of Maryland. April 30, 2009. Appeal from the Circuit Court, Prince George’s County, E. Allen Shepherd, J. Page 252 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

975 A.2d 264 T.W. HERRING INVESTMENTS, LLC v. ATLANTIC BUILDERS GROUP, INC. No. 440, September Term, 2008.Court of Special Appeals of Maryland. July 7, 2009. Appeal from the Circuit Court, Howard Page 674 County, Lenore R. Gelfman, J., Page 675 James E. Edwards, Jr. (Jeffrey A. Regner, Ober, Kaler, Grimes Shriver, on the brief), Baltimore, […]

638 A.2d 1206 BIJAL KUMAR PUROHIT v. STATE OF MARYLAND. No. 868, September Term, 1993.Court of Special Appeals of Maryland. March 31, 1994. Appeal from the Circuit Court, Allegany County, Gary G. Leasure, J. Page 567 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

878 A.2d 678 Ronald C. MOORE v. STATE of Maryland No. 1289, September Term, 2004.Court of Special Appeals of Maryland. July 12, 2005. Appeal from the Circuit Court, Wicomico County, Davis, J. Page 306 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

682 A.2d 1177 SURENA LEMON, ET AL. v. DONALD W. STEWART, ET AL. No. 1982, September Term, 1995.Court of Special Appeals of Maryland. September 26, 1996. Page 512 Appeal from the Circuit Court, Ward, J. Page 513 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

244 A.2d 452 HARVEY LEE STEWART v. STATE OF MARYLAND. No. 278, September Term, 1967.Court of Special Appeals of Maryland. Decided July 23, 1968. VERDICT — Jury’s Silence Held Equivalent Of Not Guilty Verdict. Where appellant was convicted of assault with intent to rape and found not guilty of rape, the jury’s silence on another […]

897 A.2d 276 Christopher Robert VOLKOMER v. STATE of Maryland No. 2130, September Term, 2004.Court of Special Appeals of Maryland. April 27, 2006. Appeal from the Circuit Court, Caroline County, J. Owen Wise, J. Page 471 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

367 A.2d 47 RONALD RALPH CAIN v. STATE OF MARYLAND. No. 473, September Term, 1976.Court of Special Appeals of Maryland. Decided January 6, 1977. CRIMINAL LAW — EVIDENCE — ASSAULT — Defined — Sufficiency Of Evidence To Convict As Participant In Assault — Evidence Found Legally Sufficient For Triers Of Fact To Conclude Beyond Reasonable […]

656 A.2d 795 IN RE VANESSA C. No. 465, September Term, 1994.Court of Special Appeals of Maryland. April 6, 1995. Appeal from the District Court, Montgomery County, Douglas H. Moore, Jr., J. Page 453 George Lipman, Asst. Public Defender (Stephen E. Harris, Public Defender, and George E. Burns, Jr., Asst. Public Defender, on the brief), […]

314 A.2d 732 JAMES J. UHLIK, AN INFANT, ETC. ET AL. v. ADALBERT P. KOPEC, JR. No. 414, September Term, 1973.Court of Special Appeals of Maryland. Decided February 15, 1974. WITNESSES — Expert — Opinion Of — Admissibility — To Express Opinion Expert Witness Must Have Necessary Qualifications As Well As Factual Information Essential To […]

402 A.2d 118 HERBERT S. HYATT ET AL. v. MARYLAND FEDERAL SAVINGS AND LOAN ASSOCIATION ET AL. No. 1091, September Term, 1978.Court of Special Appeals of Maryland. Decided June 8, 1979. MORTGAGES — Subordination Agreement In Prior Mortgage — Clause Addressed To Issue Of Subordination To Subsequent Ground Development And Construction Loans Subject To Normal […]

633 A.2d 932 RONALD T. HOLMES, ET AL. v. COVERALL NORTH AMERICA, INC., ET AL. No. 458, September Term, 1993.Court of Special Appeals of Maryland. December 8, 1993. Appeal from the Circuit Court for Howard County, Cornelius F. Sybert, Jr., J. Page 520 Eliot G. Striar, Columbia, for appellants. C. Torrence Armstrong (Frederick P. Helm, […]

784 A.2d 614 ELLER MEDIA COMPANY v. MAYOR AND CITY COUNCIL OF BALTIMORE No. 2184, September Term, 2000Court of Special Appeals of Maryland. Filed: November 1, 2001 Circuit Court, Baltimore City, John Carroll Byrnes, J., affirmed. Page 77 Vacated and remanded with instructions. Page 78 Benjamin Rosenberg (Stanley S. Fine, Lynn E. Ricciardella and Rosenberg, […]

28 A.3d 737 Barry J. NACE v. Tamara Hamilton MILLER. No. 0692, September Term, 2010.Court of Special Appeals of Maryland. September 7, 2011. Appeal from the Circuit Court, Prince George’s County, Chapdelaine, J. Page 55 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

375 A.2d 240 JOHN THOMAS CRAWFORD v. STATE OF MARYLAND. No. 1143, September Term, 1976.Court of Special Appeals of Maryland. Decided July 11, 1977. CONSTITUTIONAL LAW — Confrontation Clause — Preliminary Hearing — Admissibility Of Transcript Of Testimony Of Witness Taken During Preliminary Hearing — It Is For Trial Judge To Carefully Consider All Circumstances […]

720 A.2d 1188 THE SECOND SHIFT, INC. ET AL. v. RESERVOIR CAPITAL CORPORATION No. 1199, September Term, 1997Court of Special Appeals of Maryland. December 1, 1998 Appeal from the Circuit Court, Baltimore County, Robert E. Cadigan, J. Page 15 John H. Doud, III (Fedder and Garten, P.A., on the brief), Baltimore, for Appellants. Steven N. […]

975 A.2d 221 UNINSURED EMPLOYERS’ FUND v. W.M. SCHLOSSER CO., INC. No. 3102 September Term, 2007.Court of Special Appeals of Maryland. July 7, 2009. Appeal from the Circuit Court, Baltimore County, Thomas J. Bollinger, J. Page 600 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

285 A.2d 671 STATE OF MARYLAND v. MAURICE T. SIEGEL. No. 111, September Term, 1971.Court of Special Appeals of Maryland. Decided November 29, 1971. CONSTITUTIONAL LAW — Wiretapping And Eavesdropping — Federal Wire Interceptions And Interception Of Oral Communications Statute Is Constitutional — Criminal Court Of Baltimore And Circuit Courts Of State May Enter Orders […]

806 A.2d 296 WILLIAM CHESLEY, ET AL. v. GOLDSTEIN BARON, CHARTERED, No. 773, September Term, 2001Court of Special Appeals of Maryland. Filed: August 30, 2002 Appeal from the Circuit Court, Prince George’s County, William B. Spellbring. Page 606 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

809 A.2d 696 SHERI MAY-DAWN HARMON v. STATE OF MARYLAND. No. 1725, September Term, 1999.Court of Special Appeals of Maryland. Filed: October 30, 2002. Appealed from the Circuit Court, Charles County, Robert C. Nalley, J. Page 453 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

458 A.2d 466 MITCHELL STEVAN ET AL. v. SIDNEY J. BROWN ET AL. No. 758, September Term, 1982.Court of Special Appeals of Maryland. Decided April 8, 1983. SUMMARY JUDGMENT — Grant Of — Erroneously Granted Where Trial Judge Made Factual Determinations Or Drew Inferences Which Might Have Been Appropriate For Fact Finder At Trial Of […]

834 A.2d 146 JAMES W. DEHN et ux. v. GLENN R. EDGECOMBE et al. No. 1536, September Term, 2002.Court of Special Appeals of Maryland. Filed: September 4, 2003. Page 658 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 659 [EDITORS’ NOTE: THIS […]

797 A.2d 809 MICHAEL STULL v. KRISTI STULL No. 878, September Term, 2001Court of Special Appeals of Maryland. Filed: May 3, 2002 Circuit Court of Montgomery County, Ann N. Sundt, J. Page 238 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 239 […]

642 A.2d 889 ANNAPOLIS PROFESSIONAL FIREFIGHTERS LOCAL 1926, IAFF, AFL-CIO, ET AL. v. CITY OF ANNAPOLIS. No. 1552, September Term, 1993.Court of Special Appeals of Maryland. June 10, 1994. Appeal from the Circuit Court, Anne Arundel County, Eugene M. Lerner, J. Page 715 William W. Thompson, II (Zwerdling, Paul, Leibig, Kahn, Thompson Driesen, P.C., on […]

685 A.2d 858 AETNA INSURANCE COMPANY v. ALBERT G. AARON. No. 187, September Term, 1996.Court of Special Appeals of Maryland. December 3, 1996. Appeal from the Circuit Court, Baltimore City, Page 473 Ward, J. Page 474 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

586 A.2d 55 KEVIN L. JONES v. STATE OF MARYLAND. No. 445, September Term, 1990.Court of Special Appeals of Maryland. February 28, 1991. Appeal from the Circuit Court for Baltimore City, Mabel H. Hubbard, J. Page 205 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

293 A.2d 821 ROLAND C. WINTERSTEIN ET UX. v. WILLIAM E. WILCOM T/A 75-80 DRAG-A-WAY. No. 43, September Term, 1972.Court of Special Appeals of Maryland. Decided August 10, 1972. CONTRACTS — Exculpatory Clauses — In Absence Of Legislation To The Contrary, The Law Is That There Is Ordinarily No Public Policy Which Prevents Parties From […]

403 A.2d 826 RICARDO DAVID COARD v. STATE OF MARYLAND. NEIL WILLIE ENGLISH v. STATE OF MARYLAND. No. 1343, September Term, 1978. No. 1344, September Term, 1978.Court of Special Appeals of Maryland. Decided July 12, 1979. COURTS — Consent Decree Of Federal Court — Where Consent Decree Of Federal Court Provided That Commitment Hearing “Shall” […]

681 A.2d 1181 DAVID CARLTON v. STATE OF MARYLAND. No. 1834, September Term, 1995.Court of Special Appeals of Maryland. September 3, 1996. Appeal from the Circuit Court, Baltimore County, J. William Hinkel, J. Page 437 Arthur A. Delano, Jr., Assistant Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for Appellant. Tarra DeShields-Minnis, […]

20 A.3d 834 Gary L. HEIT v. Kathryn STANSBURY. No. 354, September Term, 2010.Court of Special Appeals of Maryland. May 27, 2011. Appeal from the Circuit Court, Montgomery County. Page 156 EYLER, DEBORAH S., ZARNOCH and TONI E. CLARKE (Specially Assigned), JJ. ON MOTION TO STRIKE APPELLANT’S REPLY BRIEF EYLER, DEBORAH S., J. An appeal […]

343 A.2d 922 MARIE DOROTHY MILLER v. LOIS H. MUELLER. No. 1093, September Term, 1974.Court of Special Appeals of Maryland. Decided September 9, 1975. SPECIFIC PERFORMANCE — Authority Of Counsel — Course Of Conduct Between Attorney And Client Is Significant In Determining What Authority Has Been Conferred Upon An Attorney By His Client — Evidence […]

932 A.2d 757 Patrick Winfred ASHLEY v. Michelle Marie MATTINGLY. No. 2169, September Term, 2005.Court of Special Appeals of Maryland. September 13, 2007. Appeal from the Circuit Court, Wicomico County, Davis, J. Page 39 Nicholas D. Capousis, on brief, Annapolis, for appellant. William R. Lenck, on brief, Baltimore, for appellee. Panel HOLLANDER, SALMON, SHARER, JJ. […]

308 A.2d 752 JOSEPH STANLEY FRANKLIN v. STATE OF MARYLAND. No. 859, September Term, 1972.Court of Special Appeals of Maryland. Decided August 15, 1973. SEARCHES AND SEIZURES — Warrant To Search May Apply To Person Of An Individual Just As It Is Applicable To Automobiles Or Fixed Premises Independent Of Whether Any Arrest Is Or […]

399 A.2d 900 HILTON W. MAYNARD, SR. v. LUCILLE HUNT MAYNARD. No. 85, September Term, 1978.Court of Special Appeals of Maryland. Decided April 10, 1979. DIVORCE — Alimony Pendente Lite — Permanent Alimony — The Amount Of An Alimony Pendente Lite Award Does Not Serve As A Limitation On A Subsequent Award Of Permanent Alimony. […]

330 A.2d 507 DAVID ROSS v. STATE OF MARYLAND. No. 114, September Term, 1974.Court of Special Appeals of Maryland. Decided January 13, 1975. CRIMINAL LAW — VERDICTS — INSTRUCTIONS TO JURY — Polling Of Jury — Hearkening Of Verdict — Plain Error — Trial Court Properly Instructed Jury That Guilty Verdict On Count Charging Unlawful […]

505 A.2d 117 FORT WASHINGTON COMMUNITY HOSPITAL, INC., ET AL v. SOUTHERN MARYLAND HOSPITAL CENTER, ET AL. No. 394, September Term, 1985.Court of Special Appeals of Maryland. March 5, 1986. Appeal from the Circuit Court for Prince George’s County, Jacob S. Levin, J. Page 481 Arvin W. Rosen (William L. Siskind and Siskind, Burch, Grady […]

273 A.2d 624 MILTON KNISLEY AND PATRICIA KNISLEY v. CHARLES J. KELLER. No. 290, September Term, 1970.Court of Special Appeals of Maryland. February 16, 1971. MOTOR VEHICLES — Negligence — Duty Of Pedestrian Attempting To Cross Roadway At Point Between Intersections — Plaintiff Held Contributorily Negligent As Matter Of Law. Plaintiff, who was injured while […]

349 A.2d 676 JAMES THOMAS DINKINS v. STATE OF MARYLAND. No. 345, September Term, 1975.Court of Special Appeals of Maryland. Decided January 2, 1976. CRIMINAL LAW — EVIDENCE — Inference Arising From Unexplained, Exclusive Possession Of Recently Stolen Goods — Rule Not Affected By Mullaney v. Wilbur Nor Evans v. State — Due Process Of […]