Category: Court of Special Appeals Opinions

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 […]

240 A.2d 114 RILEY BROOKS v. STATE OF MARYLAND. No. 191, Initial Term, 1967.Court of Special Appeals of Maryland. Decided April 3, 1968. JURY — Systematic Exclusion Of Negroes Violates Fourteenth Amendment — Mixed Jury Not Essential — Burden Of Proof — Protection Extends To All Persons — Mere Showing Of Variation Between Negro And […]

524 A.2d 1245 KING WATERPROOFING COMPANY, ET AL. v. KENNETH C. SLOVSKY. No. 1171 September Term, 1986.Court of Special Appeals of Maryland. May 7, 1987. Appeal from the Circuit Court, Baltimore County, Leonard S. Jacobson, J. Page 248 W. Stanwood Whiting, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen. and Richard Teitel, Asst. Atty. Gen., […]

761 A.2d 935 ERIN JONES WOLFE v. ANNE ARUNDEL COUNTY, MARYLAND No. 2079, September Term, 1999Court of Special Appeals of Maryland. Filed: September 29, 2000 Reconsideration Denied December 7, 2000. The Circuit Court for Anne Arundel County, Eugene M. Lerner, J. Affirmed. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

491 A.2d 1199 MALCOLM EDWARD YEAGY v. STATE OF MARYLAND. No. 580, September Term, 1984.Court of Special Appeals of Maryland. May 9, 1985. Appeal from the Circuit Court, Washington County, Frederick C. Wright, III, J. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

519 A.2d 1340 WILLIAM LEE LAMBERT v. STATE OF MARYLAND. No. 691, September Term, 1986.Court of Special Appeals of Maryland. January 20, 1987. Certiorari Denied June 4, 1987. Appeal from the Circuit for Hartford County, Albert P. Close, J. Page 84 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

624 A.2d 1300 KELLY CATERING, INC. v. SANDRA A. HOLMAN. No. 1293, September Term, 1992.Court of Special Appeals of Maryland. May 27, 1993. Appeal from the Circuit Court, Anne Arundel County, H. Chester Goudy, Jr., J. Page 257 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

613 A.2d 459 AMANDA E. SMITH, SUBSTITUTE TRUSTEE, ET AL. v. FRANK LAWLER ET UX. No. 1847, September Term, 1991.Court of Special Appeals of Maryland. October 2, 1992. Appeal from the Circuit Court, Prince George’s County, G.R. Hovey Johnson, J. Page 541 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

666 A.2d 899 LVI ENVIRONMENTAL SERVICES, INC. F/K/A DIVERSIFIED ENVIRONMENTAL CORPORATION v. ACADEMY OF IRM. No. 2063, September Term, 1994.Court of Special Appeals of Maryland. November 2, 1995. Appeal from the Circuit Court, Anne Arundel County, Eugene M. Lerner, J., Page 700 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

594 A.2d 597 REGINALD ANTUAN WILKERSON AND DARRELL EDRICK WILKERSON v. STATE OF MARYLAND. No. 1131, September Term, 1990.Court of Special Appeals of Maryland. August 29, 1991. Appeal from the Circuit Court, Cecil County, Donaldson C. Cole, J. Page 174 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

461 A.2d 42 JOSEPH I. SMUCK ET AL. v. ANNE ARUNDEL COUNTY, MARYLAND. No. 1450, September Term, 1982.Court of Special Appeals of Maryland. Decided June 14, 1983. CHARTERED COUNTIES — ADMINISTRATIVE LAW — CONTRACTS —Jurisdiction Of County Board Of Appeals — Anne Arundel County Charter §§ 602 (d) And (e) Do Not Empower Board Of […]

649 A.2d 1204 DANIEL E. PATRICK, SR., PERSONAL REPRESENTATIVE OF THE ESTATE OF EDNA LORRAINE PATRICK v. ROSALIE PATRICK, ET AL. No. 320, September Term, 1994.Court of Special Appeals of Maryland. December 2, 1994. Appeal from the Circuit Court, Baltimore County, John F. Fader, II, J. Page 439 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

536 A.2d 1187 DOROTHY R. BRODIE AND GRACE E. EMERT, CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF ARTHUR MAUPIN v. NANCY J. SNIDER, CO-PERSONAL REPRESENTATIVE OF THE ESTATE OF ARTHUR MAUPIN. No. 764 September Term, 1987.Court of Special Appeals of Maryland. February 9, 1988. Page 195 Appeal from the Orphans’ Court, Montgomery County, Stanley B. Frosh. […]

997 A.2d 899 Andre Devon ARTHUR v. STATE of Maryland. No. 400, September Term, 2008.Court of Special Appeals of Maryland. July 2, 2010. Appeal from the Circuit Court, Frederick County, Julie S. Solt, J. Page 447 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

550 A.2d 731 COMSTOCK INSURANCE COMPANY v. THOMAS A. HANSON ASSOCIATES, INC., ET AL. No. 480, September Term, 1988.Court of Special Appeals of Maryland. December 6, 1988. Appeal from the Circuit Court, Baltimore County, James S. Sfekas, J. Page 432 David A. Carter (J. Snowden Stanley, Jr., and Semmes, Bowen Semmes, on the brief), Baltimore, […]

935 A.2d 450 Owen E. SMITH, Jr. v. HOWARD COUNTY, Maryland. No. 1367 September Term 2006.Court of Special Appeals of Maryland. November 6, 2007. Appeal from the Circuit Court, Howard County, Lenore R. Gelfman, J. Page 328 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

13 A.3d 812 David J. BONFIGLIO, et al. v. John J. FITZGERALD, Jr. No. 2059, September Term, 2009.Court of Special Appeals of Maryland. February 7, 2011. Appeal from the Circuit Court, Montgomery County, Eric M. Johnson, J. Page 328 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

678 A.2d 615 MARJORIE A. GASKINS v. MARSHALL CRAFT ASSOCIATES, INC. No. 1630, September Term, 1995.Court of Special Appeals of Maryland. July 1, 1996. Appeal from the Circuit Court, City of Baltimore, Thomas Ward, J. Page 706 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

920 A.2d 1118 William BECKER, et ux. v. ANNE ARUNDEL COUNTY, et al. No. 1097, September Term, 2006.Court of Special Appeals of Maryland. April 9, 2007. Page 115 Appeal from the Circuit Court for Anne Arundel County. Page 116 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

909 A.2d 1112 Lorinda Ann BROADWATER v. STATE of Maryland. No. 0215, September Term, 2005.Court of Special Appeals of Maryland. October 27, 2006. Appeal from The Circuit Court, Frederick County, John H. Tisdale, J. Page 298 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

526 A.2d 75 HORACE H. BEST v. STATE OF MARYLAND. No. 1170, September Term, 1986.Court of Special Appeals of Maryland. June 4, 1987. Appeal from the Circuit Court for Cecil County, Donaldson C. Cole, Jr., J. Page 423 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

901 A.2d 271 Scott R. WYATT v. STATE of Maryland. No. 2910, Sept. Term, 2004.Court of Special Appeals of Maryland. June 30, 2006. Appeal from the Circuit Court, Montgomery County, DeLawrence Beard, J. Page 395 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

594 A.2d 1245 SKINNER LOGSDON CONSTRUCTION AND EQUIPMENT, INC. v. FIRST UNITED CHURCH OF JESUS CHRIST (APOSTOLIC). No. 1696, September Term, 1990.Court of Special Appeals of Maryland. September 9, 1991. Appeal from the Circuit Court, Baltimore City, John N. Prevas, J. Page 435 E. Pete Summerfield (Summerfield, Willen, Silverberg Nesson, P.A., on the brief), Owings […]

995 A.2d 1013 Jeffrey Edward ALLEN v. STATE of Maryland. No. 1935, September Term, 2008.Court of Special Appeals of Maryland. May 27, 2010. Appeal from the Circuit Court, Charles County, Robert C. Nalley, J. Page 626 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

264 A.2d 485 LOUIS JOSEPH SEARS v. STATE OF MARYLAND. No. 236, September Term, 1969.Court of Special Appeals of Maryland. Decided April 27, 1970. INDICTMENT — Joinder Of Counts And Of Defendants — Rule Stated — Consolidation Held Proper. The court may order two or more indictments to be tried together if the offenses and […]

617 A.2d 642 DONALD E. BOOZE AND ALAN SNEAD v. STATE OF MARYLAND. No. 182, September Term, 1992.Court of Special Appeals of Maryland. January 4, 1993. Appeal from the Circuit Court for Baltimore City, Elsbeth L. Bothe, J. Page 332 Bradford C. Peabody, Asst. Public Defender, argued (Stephen E. Harris, Public Defender, on the brief), […]

351 A.2d 905 RONALD DAVIS v. DIRECTOR, PATUXENT INSTITUTION. RUPERT LEROY POWELL v. DIRECTOR, PATUXENT INSTITUTION. ROBERT N. SHORTER v. DIRECTOR, PATUXENT INSTITUTION. LOUIS CANE v. DIRECTOR, PATUXENT INSTITUTION. Nos. 478, 597, 612, 862, September Term, 1975.Court of Special Appeals of Maryland. Decided January 27, 1976. DEFECTIVE DELINQUENTS — EVIDENCE — Standard Of Proof Required […]

723 A.2d 545 GLASGOW NURSING HOME, INC. v. DEPARTMENT OF HEALTH AND MENTAL HYGIENE. No. 581, September Term, 1998.Court of Special Appeals of Maryland. January 29, 1999. Page 650 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 651 [EDITORS’ NOTE: THIS PAGE […]

311 A.2d 432 MARYLAND SALES SERVICE CORPORATION v. HENRY HOWELL, ETC. No. 74, September Term, 1973.Court of Special Appeals of Maryland. Decided November 23, 1973. NEGLIGENCE — Duty Owed By Subcontractor On Construction Job-Site To Employees Of Other Contractors On Job — Standard Of Care — Subcontractor Owes Duty To Employees Of Other Contractors Similar […]

601 A.2d 142 STATE OF MARYLAND v. ROBERT IGNATIUS GARNER, III. No. 654, September Term, 1991.Court of Special Appeals of Maryland. February 6, 1992. Appeal from the Circuit Court, St. Mary’s County, Marvin S. Kaminetz, J. Page 393 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

250 A.2d 272 HENRY ROGER SMITH v. STATE OF MARYLAND. No. 101, September Term, 1968.Court of Special Appeals of Maryland. Decided February 18, 1969. MERGER OF OFFENSES — Test Of Merger — Assault Count Merged Into Count Charging Assault With Intent To Murder. The true test of merger under the modern doctrine is whether one […]

263 A.2d 620 ROBERT J. COOKE v. STATE OF MARYLAND. No. 416, September Term, 1969.Court of Special Appeals of Maryland. Decided April 7, 1970. INSANITY — At Time Of Offense — Weight Of Evidence Was Matter For Trier Of Fact — Evidence Sufficient To Support Verdict Of Sanity. It was the function of the court, […]

814 A.2d 41 RENARD CRAIG v. STATE OF MARYLAND No. 1814, September Term, 2001Court of Special Appeals of Maryland. Filed: December 24, 2002 Circuit Court, Montgomery County, Ann S. Harrington, J., Judge. Page 671 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

305 A.2d 205 CURLEY EDMONDS, NORMAN HENRY McCARTHY AND ROBERT OWENS BRUMFIELD v. STATE OF MARYLAND. No. 521, September Term, 1972.Court of Special Appeals of Maryland. Decided June 4, 1973. APPEAL — CRIMINAL LAW — Issue Not Interposed During Trial Is Not Preserved For Review On Appeal — Maryland Rule 1085 — Contention That Trial […]

400 A.2d 464 RONALD S. WATKINS v. STATE OF MARYLAND. WADDELL KINGWOOD v. STATE OF MARYLAND. Nos. 959, 962, September Term, 1978.Court of Special Appeals of Maryland. Decided April 19, 1979. CRIMINAL LAW — Right To Jury Trial — Waiver — Before A Trial Court May Accept An Accused’s Election Of A Court Trial, The […]

571 A.2d 238 BRIAN RICHARD JORDAN v. STATE OF MARYLAND. No. 716 September Term, 1989.Court of Special Appeals of Maryland. March 28, 1990. Appeal from the Circuit Court, Carroll County, Donald J. Gilmore, J. Page 226 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

236 A.2d 313 JOHN BERNARD KELLER, JR. v. STATE OF MARYLAND. No. 309, Initial Term, 1967.Court of Special Appeals of Maryland. Decided December 15, 1967. CONFESSIONS — Tests Of Voluntariness — Burden Of Proof — Statements Induced By Promise Of Immunity From Prosecution Held Inadmissible. The basic standard governing the admissibility of an extra-judicial statement […]

418 A.2d 1227 ROBERT G. SMITH ET AL. v. THELMA T. EDWARDS ET AL. No. 1425, September Term, 1979.Court of Special Appeals of Maryland. Decided September 5, 1980. MUNICIPAL CORPORATIONS — Montgomery County — Ultra Vires Acts Of Officials — Expenditure Of Tax Monies For Litigation Purposes Voluntarily Undertaken By Committee — Committee’s Voluntary Participation […]

447 A.2d 902 GINGER ROUNTREE v. LERNER DEVELOPMENT COMPANY ET AL. No. 1552, September Term, 1981.Court of Special Appeals of Maryland. Decided July 20, 1982. NEGLIGENCE — LANDLORD AND TENANT — Assumption Of Risk — Availability Of Such Defense — Defense Of Assumption Of Risk Restricted By Requirements That Plaintiff Knew And Understood Risk Being […]

323 A.2d 617 ATLANTIC DEPARTMENT STORE, INC. ET AL. v. STATE’S ATTORNEY FOR PRINCE GEORGE’S COUNTY, MARYLAND. No. 765, September Term, 1973.Court of Special Appeals of Maryland. Decided August 9, 1974. CONSTITUTIONAL LAW — STATUTES — Free Exercise Clause Of First Amendment To U.S. Constitution — Sunday Closing Law — Article 27, § 534H — […]

276 A.2d 708 RICHARD P. ROSENBERG v. STATE OF MARYLAND. No. 530, September Term, 1970.Court of Special Appeals of Maryland. Decided May 4, 1971. COMMON NUISANCE — Statutory Felony Defined — Place Is A Common Nuisance When (1) Resorted To By Narcotic Drug Addicts For The Purpose Of Using Narcotic Drugs; Of (2) Used For […]

367 A.2d 66 LORENZO SIMPSON v. STATE OF MARYLAND. No. 493, September Term, 1976.Court of Special Appeals of Maryland. Decided January 3, 1977. EVIDENCE — INSTRUCTIONS TO JURY — Missing Witness Rule — Where “Missing Witness” Although Not A Codefendant Or Accomplice In Crime For Which Defendant Was Being Tried But Was Implicated Most Definitely […]