Category: Court of Special Appeals Opinions

568 A.2d 1140 THE SPARKS STATE BANK v. MARY JO MARTIN, INDIVIDUALLY, ETC. MARYLAND NATIONAL BANK v. THE SPARKS STATE BANK. No. 646 September Term, 1989.Court of Special Appeals of Maryland. February 5, 1990. Page 540 Appeal from the Circuit Court, Baltimore County, Leonard S. Jacobson, J. Nell B. Strachan, Kathleen O. Gavin, on the […]

603 A.2d 1376 CONSUMER PROTECTION DIVISION v. OUTDOOR WORLD CORPORATION. No. 998, September Term, 1991.Court of Special Appeals of Maryland. April 9, 1992. Appeal from the Circuit Court, Baltimore City, Joseph I. Pines, J. Page 276 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

418 A.2d 1241 JAMES ARTHUR CALHOUN v. STATE OF MARYLAND. No. 1438, September Term, 1979.Court of Special Appeals of Maryland. Decided September 8, 1980. CRIMINAL LAW — STATUTES — SENTENCE — Under Habitual Offender Act — Art. 27, § 643B — Mandatory Sentencing — Predicate Prior Conviction — Juvenile Conviction Under Federal Youth Corrections Act […]

675 A.2d 122 BLUE BIRD CAB CO., INC. v. AMALGAMATED CASUALTY INSURANCE COMPANY. No. 1015, September Term, 1995.Court of Special Appeals of Maryland. April 2, 1996. Reconsideration Denied May 28, 1996. Appeal from the Circuit Court, Prince George’s County, Arthur M. Ahalt, J., Page 379 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

674 A.2d 1 ROBIN L. WAGNER (SCHWARTZ) v. RICHARD B. WAGNER. No. 608, September Term, 1995.Court of Special Appeals of Maryland. February 6, 1996. Reconsideration Denied April 30, 1996. Appeal from the Circuit Court, Carroll County, Raymond E. Beck, Sr., J., Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

544 A.2d 346 RICHARD ALLEN HUBBARD v. STATE OF MARYLAND. No. 1721, September Term, 1987.Court of Special Appeals of Maryland. July 18, 1988. Certiorari Denied October 11, 1988. Appeal from the Circuit Court, Montgomery County, Philip Fairbanks, J. Page 229 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

364 A.2d 58 CLARENCE MOUZONE v. STATE OF MARYLAND. No. 1124, September Term, 1975.Court of Special Appeals of Maryland. Decided October 6, 1976. CRIMINAL LAW — TRIALS — Prejudicial Prosecutorial Misconduct — Inadequacy Of Trial Judge’s Remedial Action — Applicable Test In Determination Of Prejudice — Decisive Factors — Unless It Appears Jury Were Actually […]

525 A.2d 241 STATE OF MARYLAND, CENTRAL COLLECTION UNIT v. LAURA BRENT, ET AL. No. 1341 September Term, 1986.Court of Special Appeals of Maryland. May 8, 1987. Certiorari Granted September 11, 1987. Appeal from the Circuit Court, Baltimore County, Joseph F. Murphy, Jr., J. Page 266 Nicolette H. Prevost, Asst. Atty. Gen. (J. Joseph Curran, […]

261 A.2d 38 CLYDE B. DODSON v. STATE OF MARYLAND. No. 240, September Term, 1969.Court of Special Appeals of Maryland. Decided January 23, 1970. APPEAL — Pretrial Interlocutory Order Held Not Immediately Appealable. Appellant’s appeal from an order of the lower court overruling his exceptions to the State’s answer to his motion for discovery and […]

310 A.2d 176 OAKLEY CHAFFIN WASHBURN, JR. v. STATE OF MARYLAND. No. 66, September Term, 1973.Court of Special Appeals of Maryland. Decided October 24, 1973. CONSTITUTIONAL LAW — SEARCHES AND SEIZURES — Wiretapping And Eavesdropping — Title III Of Federal Omnibus Crime Control And Safe Streets Act Of 1968 And Maryland Statutes Authorizing Wiretapping And […]

342 A.2d 1 STATE OF MARYLAND v. RALPH E. ENSOR AND CHARLES EDWARD PHELPS COMPTON. No. 1087, September Term, 1974.Court of Special Appeals of Maryland. Decided July 28, 1975. GRAND JURIES — STATE’S ATTORNEYS — Participation Of Unauthorized Person In Grand Jury Proceedings Renders Indictments Invalid — Assistant State’s Attorney In Baltimore City Must Be […]

421 A.2d 993 BALTIMORE COUNTY, MARYLAND v. MARYLAND DEPARTMENT OF ASSESSMENTS AND TAXATION ET AL. No. 32, September Term, 1980.Court of Special Appeals of Maryland. Decided November 7, 1980. DECLARATORY JUDGMENT — Failure To Exhaust Administrative Remedies — Appeal To Maryland Tax Court Intended As Exclusive Remedy For One Aggrieved By A Decision Of The […]

273 A.2d 830 CLAYTON MAURICE GREENE v. STATE OF MARYLAND. No. 7, September Term, 1970.Court of Special Appeals of Maryland. Decided January 29, 1971. COURTS — Federal Court Decisions, Other Than Those Of Supreme Court, Are Not Binding Upon Court Of Special Appeals — Criteria To Be Applied In Determining Retroactive Application Of Constitutional Decisions. […]

989 A.2d 1227 WEICHERT CO. OF MARYLAND, INC. v. Dorothy Crago FAUST, et al. Nos. 2255 and 2846, September Term, 2008.Court of Special Appeals of Maryland. March 1, 2010. Appeal from the Circuit Court for Montgomery County, William J. Rowman, III, J. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

241 A.2d 898 JOHN PRESTON POFF v. STATE OF MARYLAND. No. 276, September Term, 1967.Court of Special Appeals of Maryland. Decided May 16, 1968. BREAKING AND ENTERING — Test As To Whether Building Is “Dwelling House” — Conviction Of Breaking “Storehouse” Held Proper Where Premises Consisted Of Vacant Apartment Temporarily Occupied By Police Officers. The […]

581 A.2d 445 GERTRUDE MARKERT v. PEGGY BEATLEY, PERSONAL REPRESENTATIVE OF THE ESTATE OF ANNE F. CARTER. No. 1943, September Term, 1989.Court of Special Appeals of Maryland. November 2, 1990. Appeal from the Circuit Court, Charles County, Robert C. Nalley, J. Page 595 Patrick R. Hudson, Waldorf, for appellant. George Andrews (Andrews, Schick, Bongar Starkey, […]

226 A.2d 687 JOHNNY MONTGOMERY v. WARDEN, MARYLAND HOUSE OF CORRECTION. No. 43, Initial Term, 1967.Court of Special Appeals of Maryland. Decided February 21, 1967. POST CONVICTION PROCEDURE — Illegal Arrest Not Ground For Relief. The mere fact of an illegal arrest is not a ground for relief. p. 32 POST CONVICTION PROCEDURE — Evidence […]

329 A.2d 109 DAVID MICHAEL GLASS v. STATE OF MARYLAND. No. 325, September Term, 1974.Court of Special Appeals of Maryland. Decided December 19, 1974. SENTENCE — APPEAL — Review Of Criminal Sentences — Statutes Provide No Right Of Appeal To Court Of Special Appeals From An Order Of A Sentence Review Panel Nor Is An […]

780 A.2d 466 ROBERT JAMES CASON v. STATE OF MARYLAND No. 1648, September Term, 2000Court of Special Appeals of Maryland. Filed: September 7, 2001 Appealed from the Circuit Court, Baltimore County. Page 380 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 381 […]

564 A.2d 90 EDWARD C. CLARK v. STATE OF MARYLAND. No. 90, September Term, 1989.Court of Special Appeals of Maryland. October 2, 1989. Appeal from the Circuit Court for Baltimore City, Clifton Gordy, J. Clarence W. Sharp, Asst. Public Defender (Alan H. Murrell, Public Defender, on the brief), Baltimore, for appellant. Mary Ellen Barbera, Asst. […]

460 A.2d 601 KELLY TRINA KLIPA ET AL. v. BOARD OF EDUCATION OF ANNE ARUNDEL COUNTY ET AL. No. 1296, September Term, 1982.Court of Special Appeals of Maryland. Decided May 10, 1983. EVIDENCE — Hearsay — Res Gestae. The Court held that no foundation was laid for admission of hearsay alleged to be proper under […]

675 A.2d 1032 OCTAVIA BROWN, A MINOR, ET AL. v. CAREL WHEELER, ET AL. No. 1301, September Term, 1995.Court of Special Appeals of Maryland. May 6, 1996. Page 711 Appeal from the Circuit Court, Thomas Ward, J., Page 712 Saul E. Kerpelman, Baltimore, for appellants. Sandra B. Minton (Robert K. Nead and Nead, Hoffman Karey, […]

280 A.2d 4 HARLEY GRANT FUNDERBURK v. STATE OF MARYLAND. No. 409, September Term, 1970.Court of Special Appeals of Maryland. Decided July 30, 1971. CONSTITUTIONAL LAW — SELF-INCRIMINATION — Fifth Amendment Right Against Self-Incrimination — Waiver Of Right — Where On Direct Examination In His Trial For Rape, Accused Revealed He Had Exercised His Fifth […]

280 A.2d 37 RONALD E. FERRY ET AL. v. LINDA JOY WALKER CICERO ET AL. No. 469, September Term, 1970.Court of Special Appeals of Maryland. Decided July 30, 1971. EVIDENCE — Admissibility — Evidence Admissible As To One Party Should Not Be Excluded Because It Is Not Competent Against Another Party To The Suit, The […]

739 A.2d 924 BONNIE LEE HURT v. SEDRICK F. CHAVIS, ET AL. No. 5377, September Term, 1998.Court of Special Appeals of Maryland. October 28, 1999. Appeal from the Circuit Court, Baltimore County, William D. Quarles, J. Page 627 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

791 A.2d 161 WILLIAM JAMES BRYANT v. STATE OF MARYLAND No. 814, September Term, 2001Court of Special Appeals of Maryland. Filed: February 6, 2002 Circuit Court, Anne Arundel County, Joseph P. Manck, J. Affirmed. Page 605 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

243 A.2d 631 CORNELL FALCON v. STATE OF MARYLAND. No. 231, September Term, 1967.Court of Special Appeals of Maryland. Decided July 1, 1968. CONSTITUTIONAL LAW — Right To Speedy Trial — Waiver — Showing Of Prejudice From Undue Delay. When an accused does not make a demand for a speedy trial, he must show that […]

732 A.2d 1004 STATE OF MARYLAND v. MICHAEL R. RUBEN No. 1745, September Term, 1998Court of Special Appeals of Maryland. Filed: July 8, 1999 Appeal from Circuit Court for Baltimore City, John N. Prevas, J. Page 431 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

952 A.2d 328 The WELLINGTON COMPANY, INC. PROFIT SHARING PLAN AND TRUST v. Hosein M. SHAKIBA, et al. No. 521 September Term, 2007.Court of Special Appeals of Maryland. July 2, 2008. Appeal from the Circuit Court for Anne Arundel County, Ronald Page 577 A. Silkworth, J. Page 578 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

649 A.2d 1212 KEISHA T. GUADALUPE RIVERA, A MINOR, ETC., ET AL. v. PRINCE GEORGE’S COUNTY HEALTH DEPARTMENT, ET AL. No. 407, September Term, 1994.Court of Special Appeals of Maryland. December 2, 1994. Appeal from the Circuit Court of Prince George’s County, Vincent Femia, J. Page 457 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

397 A.2d 630 FRANCIS H. GOSMAN, T/A DAWNROSE DIPPER v. PRINCE GEORGE’S COUNTY, MARYLAND. No. 657, September Term, 1978.Court of Special Appeals of Maryland. Decided February 9, 1979. ZONING — Prince George’s County — Amortized Removal Of Free Standing On-Premises Advertising Signs Under Ordinance As Opposed To Acceptance Of Outdoor Advertising Signs As Nonconforming Use […]

329 A.2d 751 JUDITH RHODA GRAY v. STATE OF MARYLAND. No. 274, September Term, 1974.Court of Special Appeals of Maryland. Decided December 18, 1974. CRIMINAL LAW — TRIALS — EVIDENCE — CONFESSIONS — Where Judge In First Trial On Several Counts Of Indictment Denied Motion To Suppress Two Confessions Of Accused But Granted Motion As […]

230 A.2d 688 WILLIAM EARL RANDOLPH v. STATE OF MARYLAND. No. 136, Initial Term, 1967.Court of Special Appeals of Maryland. Decided June 26, 1967. ARREST — Arrest Without Warrant — Mere Suspicion Insufficient Basis For Arrest. A police officer may arrest a person without a warrant for a misdemeanor only if the crime is committed […]

684 A.2d 17 HENRY A. YOUNG v. BOARD OF PHYSICIAN QUALITY ASSURANCE. No. 1838, September Term, 1995.Court of Special Appeals of Maryland. October 31, 1996. Appeal from the Circuit Court, Baltimore County. Page 722 John A. Austin and William C.C. Barnes (Hill, Foley, Stone Miles, on the brief), Towson, for appellant. Cynthia G. Peltzman, Staff […]

486 A.2d 248 BALTIMORE GAS AND ELECTRIC COMPANY, ET AL. v. JANICE EVERETT. No. 450, September Term, 1984.Court of Special Appeals of Maryland. January 10, 1985. Appeal from the Circuit Court for Baltimore City, Kenneth L. Johnson, J. Page 289 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

568 A.2d 1170 THE MAXIMA CORPORATION v. CYSTIC FIBROSIS FOUNDATION, ET AL. CYSTIC FIBROSIS FOUNDATION v. THE MAXIMA CORPORATION, ET AL. No. 696, September Term, 1989.Court of Special Appeals of Maryland. February 6, 1990. Page 603 Appeal from the Circuit Court, Montgomery County, Irma Raker, J. Page 604 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

256 A.2d 704 RONALD RAWLINGS v. STATE OF MARYLAND. No. 464, September Term, 1968.Court of Special Appeals of Maryland. Decided September 9, 1969. EVIDENCE — Polygraph Test Results Properly Excluded. The results of a polygraph or lie detector test administered to appellant at his request were properly excluded from evidence. pp. 614-615 Page 612 Appeal […]

887 A.2d 682 William W. KELLY v. CONSOLIDATED DELIVERY CO., et al. No. 2588, September Term, 2004.Court of Special Appeals of Maryland. December 6, 2005. Appeal from the Circuit Court, Baltimore County, Bollinger, J. Page 179 Peter A. Prevas, Baltimore, for appellant. James A. Haynes, Towson, for appellee. Panel HOLLANDER, EYLER, DEBORAH S., WOODWARD, JJ. […]

238 A.2d 130 JAMES ANTHONY A/K/A J.A. McCOY, CALVIN SMITH AND STANLEY THORNTON v. STATE OF MARYLAND. No. 28, September Term, 1967.Court of Special Appeals of Maryland. Decided February 14, 1968. ARREST — Arrest Held Lawful. Appellants’ arrests were lawful, where the arresting officer had specific and reliable information from which he concluded that the […]

501 A.2d 92 PHILLIPS HARBORPLACE, INC. v. STATE DEPARTMENT OF ASSESSMENTS AND TAXATION. No. 289, September Term, 1985.Court of Special Appeals of Maryland. December 9, 1985. Page 462 Appeal from the Circuit Court for Baltimore City, Thomas E. Noel, J. Page 463 Sharon V. Burrell (Robert K. Briskin and Cable, McDaniel, Bowie Bond on brief), […]

273 A.2d 637 ELLEN G. PUMPHREY v. ROBERT A. PUMPHREY. No. 266, September Term, 1970.Court of Special Appeals of Maryland. Decided February 17, 1971. DIVORCE — Separation Agreement — Subject To Same General Rules Governing Other Contracts — Parent Can Legally Bind Himself To Support Child After Emancipation — Modification Of Support Order — Husband […]

522 A.2d 401 KENNETH WRIGHT v. STATE OF MARYLAND. No. 1039, September Term, 1986.Court of Special Appeals of Maryland. March 11, 1987. Appeal from the Baltimore City Circuit Court, Kenneth Johnson, J. Page 617 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

933 A.2d 447 Darren Joseph TATE v. STATE of Maryland. No. 0284, September Term, 2006.Court of Special Appeals of Maryland. September 27, 2007. Appeal from the Circuit Court of Prince George’s County, Graydon S. McKee, III, J. Page 366 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

669 A.2d 771 FRANCES R. HAYES v. YOU S. WANG. No. 669 September Term, 1995.Court of Special Appeals of Maryland. January 3, 1996. Appeal from the Circuit Court, Prince George’s County, C. Philip Nichols, Jr., J. William M. Burgess (George F. Zverina, on the brief), LaPlata, for Appellant. Page 599 Patrick L. Jones (Jodi L. […]

541 A.2d 1324 DEPARTMENT OF ECONOMIC AND EMPLOYMENT DEVELOPMENT, ET AL. v. JAMES ARTHUR OWENS. No. 1402, September Term, 1987.Court of Special Appeals of Maryland. June 8, 1988. Appeal from the Circuit Court, Prince George’s County, Joseph S. Casula, J. Page 473 Lynn Weiskittel, Sp. Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., and […]

878 A.2d 670 John C. BENNETT v. Kara ZELINSKY. No. 1246, September Term, 2004.Court of Special Appeals of Maryland. July 12, 2005. Appeal from the Circuit Court, Anne Arundel County, Caroom, J. Page 293 M. Evelyn Spurgin (Samuel J. Brown, Hillman, Brown Darrow, PA, on brief), Annapolis, for appellant. Charles R. Schaller (Carl N. Zacarias, […]

868 A.2d 925 James HELLER v. DEPARTMENT OF NATURAL RESOURCES. No. 68, September Term, 2004.Court of Special Appeals of Maryland. February 24, 2005. Page 300 Appeal from the Circuit Court, Somerset County, J. Owen Wise, J. Page 301 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]