Category: Court of Special Appeals Opinions

288 A.2d 195 RICHARD S. ANNIS v. STATE OF MARYLAND. No. 510, September Term, 1971.Court of Special Appeals of Maryland. Decided March 9, 1972. CONSTITUTIONAL LAW — Criminal Law — Right To Counsel — Defendant Has Right To Counsel At Any Proceeding At Which Sentence Is Imposed — Entitled To Assistance Of Counsel He Employed. […]

521 A.2d 1251 McLEAN CONTRACTING COMPANY v. MARYLAND TRANSPORTATION AUTHORITY. No. 797, September Term, 1986.Court of Special Appeals of Maryland. March 6, 1987. Appeal from the Circuit for the Anne Arundel County, Martin A. Wolff, J. Page 515 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

758 A.2d 1087 TINA R. HILL v. RICARDO L. SCARTASCINI, et al. No. 01997, September Term 1999.Court of Special Appeals of Maryland. Filed: September 6, 2000 The Circuit Court, Prince George’s County, Thomas P. Smith, J. Reversed and Remanded. Page 2 Charles R. Claxton (Claxton, Sale Quinn, P.C., on the brief), Washington, DC, for appellant. […]

237 A.2d 820 RAYMOND GILBERT BROADWAY v. STATE OF MARYLAND. No. 91, September Term, 1967.Court of Special Appeals of Maryland. Decided February 15, 1968. NARCOTICS — Possession And Control May Be Constructive. Where an accused is charged with possessing and controlling narcotics, such possession and control need not be immediate and direct, but may be […]

252 A.2d 9 RICHARD WILLIAM SWEENEY v. STATE OF MARYLAND. No. 310, September Term, 1968.Court of Special Appeals of Maryland. Decided March 26, 1969. TRIAL — Right Of Accused To Be Present At Every Stage Of His Trial — Effect Of Involuntary Absence Of Accused When Court Instructs Or Communicates With Jury — Mere “Communication” […]

311 A.2d 437 WILLIAM KING DENNETT v. STATE OF MARYLAND. No. 125, September Term, 1973.Court of Special Appeals of Maryland. Decided November 23, 1973. CRIMINAL LAW — Interstate Detainer Agreement Act — Trial Required Within 180 Days From Foreign Prisoner’s Request For Final Disposition Of Pending Criminal Charges In Maryland, Unless Period Extended By Necessary […]

376 A.2d 866 MACK CAMPBELL v. STATE OF MARYLAND. No. 1368, September Term, 1976.Court of Special Appeals of Maryland. Decided July 13, 1977. CRIMINAL LAW — Due Process — Denial Of — Opening Of Stet Against Witness For Accused Whose Defense Was Grounded Upon Coerced Participation In Crime Tantamount To Prosecutorial Coercion Sufficient To Deny […]

617 A.2d 1130 DAVETA MICHELLE CONWAY v. STATE OF MARYLAND. No. 391, September Term, 1992.Court of Special Appeals of Maryland. January 7, 1993. Appeal from the Circuit Court, Prince George’s County, Graydon S. McKee, III, J. Page 437 Melissa M. Moore, Asst. Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for appellant. […]

400 A.2d 440 RONALD M. KELCH ET UX. v. MASS TRANSIT ADMINISTRATION ET AL. No. 806, September Term, 1978.Court of Special Appeals of Maryland. Decided April 18, 1979. JURIES — Voir Dire — Purpose Of — Not To Instruct What Is Law Of Case But To Ascertain Existence Of Cause To Disqualify Juror From Consideration […]

488 A.2d 202 MERCANTILE-SAFE DEPOSIT AND TRUST COMPANY v. H. CLYDE HEARN. No. 780, September Term, 1984.Court of Special Appeals of Maryland. February 19, 1985. Certiorari Denied June 27, 1985. Appeal from the Circuit Court, Wicomico County, Richard M. Pollitt, J. Page 40 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

493 A.2d 1105 LETHA E. TICER v. LLOYD D. TICER. No. 1530, September Term, 1984.Court of Special Appeals of Maryland. June 14, 1985. Appeal from the Circuit Court, Baltimore City, Joseph H.H. Kaplan, J. Page 730 Harry Goldman, Jr., Baltimore (Goldman and Skeen, P.A., Baltimore, on brief), for appellant. Mark A. Van Bavel, Baltimore (Walker, […]

302 A.2d 638 WILLIAM CORNELIUS JONES v. STATE OF MARYLAND. No. 530, September Term, 1972.Court of Special Appeals of Maryland. Decided April 11, 1973. DOUBLE JEOPARDY — Double Jeopardy Claim Of Fifth Amendment Applicable To States Through Fourteenth Amendment — Court Invested With Authority To Discharge Jury From Giving Verdict Whenever, In Its Opinion, Taking […]

927 A.2d 1194 In re NICOLE B. and Max B. No. 1378, September Term, 2006.Court of Special Appeals of Maryland. July 6, 2007. Appeal from the Circuit Court, Montgomery County, McGann, J. Page 451 Nenutzka C. Villamar (Nancy S. Forster, Public Defender, on brief), Baltimore, for appellant. Kathleen E. Wherthey (J. Joseph Curran, Jr., Atty. […]

566 A.2d 126 ARTHUR THOMPSON v. STATE OF MARYLAND. No. 174 September Term, 1989.Court of Special Appeals of Maryland. November 30, 1989. Appeal from the Circuit Court, Baltimore City, John N. Prevas, J. Michael R. Malloy, Asst. Public Defender (Alan H. Murrell, Public Defender on the brief), Baltimore, for appellant. Beverly Peyton Griffith, Asst. Atty. […]

504 A.2d 657 ROBERT L. HARRIS v. MAYOR AND CITY COUNCIL OF BALTIMORE. ELISHA LOVELLETTE, JR. v. MAYOR AND CITY COUNCIL OF BALTIMORE. MAURICE C. SCHINDLER v. MAYOR AND CITY COUNCIL OF BALTIMORE. Nos. 300, 375 and 387, September Term, 1985.Court of Special Appeals of Maryland. February 11, 1986. Certiorari Denied February 26, 1986. Page […]

343 A.2d 251 BERNARD KAPILOFF AND LEONARD KAPILOFF T/A MORKAP PUBLISHING ET AL. v. FRED L. DUNN, JR. ET AL. No. 840, September Term, 1974.Court of Special Appeals of Maryland. Decided July 23, 1975. LIBEL — Involving Public Figure — New York Times Standard — Constitutional Protection — Where Defamed Person Is A Public Figure […]

822 A.2d 513 ROSS FRANKLIN FAREWELL v. STATE OF MARYLAND No. 2958, September Term, 2000Court of Special Appeals of Maryland. May 2, 2003. Page 541 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 542 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

395 A.2d 1230 ROLAND NEVILLE GODWIN v. STATE OF MARYLAND. No. 200 (On Remand), September Term, 1977.Court of Special Appeals of Maryland. Decided January 16, 1979. MERGER OF OFFENSES — Underlying Felony Of Kidnapping Merges Into Felony-Murder Conviction — Related Handgun Offenses Do Not Merge Into The Murder Convictions. pp. 235-237 Appeal from the Circuit […]

978 A.2d 804 Kevin OYARZO v. MARYLAND DEPARTMENT OF HEALTH AND MENTAL HYGIENE, et al. No. 1515, September Term, 2007.Court of Special Appeals of Maryland. August 26, 2009. Appeal from the Circuit Court, Frederick County, Stevenson, J. Page 265 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

272 A.2d 668 RICHARD KIMBLE v. RUTH ELIZABETH KEEFER. No. 274, September Term, 1970.Court of Special Appeals of Maryland. Decided January 25, 1971. PATERNITY PROCEEDINGS — Proceedings Are Civil In Nature — Burden Of Proof — Determination Held Not Erroneous. Paternity proceedings are civil proceedings. p. 50 The burden of proof in paternity proceedings is […]

234 A.2d 766 LEROY WROTEN v. STATE OF MARYLAND. No. 17, September Term, 1967.Court of Special Appeals of Maryland. Decided November 15, 1967. PAROLE AND PROBATION — Revocation Of Probation Left To Discretion Of Trial Court — Revocation Held Not Arbitrary Or Capricious. Probation is a personal privilege and a matter of grace, the revocation […]

810 A.2d 36 PHILIMON N. SHEMONDY v. STATE OF MARYLAND. No. 1804, September Term, 2001.Court of Special Appeals of Maryland. Filed: November 1, 2002. Appealed from the Circuit Court, Montgomery County, S. Michael Pincus, J. Page 603 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

359 A.2d 247 J. LAURENCE MILLISON v. SECRETARY OF HEALTH AND MENTAL HYGIENE. No. 1189, September Term, 1975.Court of Special Appeals of Maryland. Decided June 29, 1976. EVIDENCE — WITNESSES — Expert — Applicable Test — Qualifications Of Expert Witness Within Sound Discretion Of Trial Court — Opinion Must Be Based Upon Facts Sufficient To […]

268 A.2d 572 JOSEPH McCLAIN v. STATE OF MARYLAND. No. 303, September Term, 1969.Court of Special Appeals of Maryland. Decided August 5, 1970. INDICTMENT — Waiver Of Non-Jurisdictional Defects. Alleged non-jurisdictional defects in two indictments charging appellant with being an accessory after the fact to murder and armed robbery were deemed to have been waived, […]

388 A.2d 181 K.C.S., LTD. v. EAST MAIN STREET LAND DEVELOPMENT CORPORATION ET AL. No. 1289, September Term, 1977.Court of Special Appeals of Maryland. Decided July 18, 1978. REAL PROPERTY — LEASES — Option — “Right Of First Refusal” — General Rule Is That When Lease Contains A “Right Of First Refusal” A Lessee May […]

627 A.2d 550 JEROME C. GRAND-PIERRE v. MONTGOMERY COUNTY, MARYLAND. No. 1778, September Term, 1992.Court of Special Appeals of Maryland. July 12, 1993. Appeal from the Circuit Court, Montgomery County, L. Leonard Ruben, J., Page 171 John S. Lopatto, III (Paulson, Nace, Norwind Sellinger, on the brief), Washington, DC, for appellant. Joann Robertson, Sr. Asst. […]

519 A.2d 1298 JAMES ARTHUR MILLER v. JOAN WOOD MILLER No. 406, September Term, 1986.Court of Special Appeals of Maryland. January 16, 1987. Appeal from the Circuit Court, Worcester County, Dale R. Cathell, J. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

272 A.2d 824 VIRGIL SIZEMORE v. STATE OF MARYLAND. No. 154, September Term, 1970.Court of Special Appeals of Maryland. Decided January 8, 1971. BREAKING AND ENTERING/BURGLARY — “Breaking” As Element Of Offense — Breaking May Occur Within House — Church As Subject Of Burglary And Breaking And Entering — Evidence Sufficient To Sustain Conviction For […]

762 A.2d 142 Edna Carr v. Andrew J. Lee. No. 2685, September Term, 1999.Court of Special Appeals of Maryland. Filed: November 13, 2000. The Circuit Court, Anne Arundel County, Philip T. Caroom, J. Appeal dismissed. Page 214 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

523 A.2d 1018 THE POOLE AND KENT COMPANY v. EQUILEASE ASSOCIATES I, ET AL. No. 990, September Term, 1986.Court of Special Appeals of Maryland. April 13, 1987. Appeal from the Circuit Court for Baltimore City, Elsbeth Bothe, J. Page 10 Richard C. Whiteford and Leo P. Hylan (Whiteford, Taylor Preston, on the brief), Baltimore, for […]

270 A.2d 674 IN RE MARTIN. Nos. 318 and 345, September Term, 1970.Court of Special Appeals of Maryland. Decided November 10, 1970. CONTEMPT — Appeal Dismissed Where Contemner Had No Absolute Right To Jury Trial. Where appellant was cited for contempt of court after an alleged violation of a circuit court rule prohibiting Page 386 […]

587 A.2d 498 [587 A.2d 551] EDWARD F. SHENK, ET UX. v. PATRICIA E. BERGER. No. 301, September Term, 1990.Court of Special Appeals of Maryland. March 27, 1991. Appeal from the Circuit Court for Anne Arundel County, Bruce C. Williams, J. Page 499 Henry L. Belsky (Schlachman, Belsky Weiner, P.A., on the brief), Baltimore, for […]

878 A.2d 646 KAREN P. v. CHRISTOPHER J.B. No. 2116, September Term, 2004.Court of Special Appeals of Maryland. July 11, 2005. Appeal from the Circuit Court, Baltimore County, Ruth Ann Jakubowski, J. Page 251 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

968 A.2d 620 SERVICE TRANSPORT, INC., v. HURRICANE EXPRESS, INC., et al. No. 2054, September Term, 2007.Court of Special Appeals of Maryland. March 27, 2009. Appeal from the Circuit Court, Caroline County, Karen A.M. Jensen, J. Page 26 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

377 A.2d 567 JAMES EDWARD DUNCAN v. STATE OF MARYLAND. No. 1226, September Term, 1976.Court of Special Appeals of Maryland. Decided September 14, 1977. CRIMINAL LAW — STATUTES OF LIMITATIONS — Misconduct In Office — Conduct Of Police Officer In Concealing Personal Knowledge Of Continuing Criminal Activity By Another Not Only Wrongful Act Of Itself […]

868 A.2d 914 John Ryan SCHLAMP v. STATE of Maryland No. 1450, September Term, 2003.Court of Special Appeals of Maryland. February 24, 2005. Appeal from the Circuit Court, Prince George’s County, Ronald D. Schiff J. Page 281 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

274 A.2d 400 RAYMOND JONES v. WARDEN, MARYLAND CORRECTIONAL INSTITUTION. App. No. 143, September Term, 1970.Court of Special Appeals of Maryland. Decided March 8, 1971. POST CONVICTION PROCEDURE — Claim Of Discovery Of New Evidence Not Ground For Relief — Case Remanded For Compliance With Rule BK45. A claim of discovery of new evidence that […]

979 A.2d 299 HARTFORD UNDERWRITERS INSURANCE COMPANY v. Wilma I. PHOEBUS, et al. No. 758, September Term, 2008.Court of Special Appeals of Maryland. August 31, 2009. Appeal from the Circuit Page 669 Court, Calvert County, Warren J. Krug, J. Page 670 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

586 A.2d 804 JUNIUS EATON v. THE ROSEWOOD CENTER, ET AL. No. 780, September Term, 1990.Court of Special Appeals of Maryland. March 5, 1991. Appeal from the Circuit Court, Baltimore County, William M. Nickerson, J. Page 367 Sloane I. Fried (J. Edward Davis, on the brief), Towson, for appellant. Dawna M. Cobb, Asst. Atty. Gen. […]