Category: Court of Special Appeals Opinions

283 A.2d 177 JOHN A. WARE, III v. STATE OF MARYLAND. Nos. 41 and 42, September Term, 1971.Court of Special Appeals of Maryland. Decided November 8, 1971. SENTENCE — Narcotics — Addendum — Second Or Subsequent Conviction — Separate Sentence For Being Second Offender — Penalty Provisions Of Cod, Art. 27, § 300, In Effect […]

516 A.2d 1039 LINDA R. MALAMIS, ET AL., v. GEORGE C. STEIN, ET AL. No. 247, September Term, 1986.Court of Special Appeals of Maryland. November 7, 1986. Appeal from the Circuit Court for Allegany County, Gary Leasure, J. Page 222 Donald S. Goldbloom (Genevieve Yonkers Schaffer, on brief), Cumberland, for appellants. Stephen C. Wilkinson (Wilson […]

857 A.2d 529 Derek T. HARVEY v. Robin Laverne MARSHALL, et al. No. 0532, September Term, 2003.Court of Special Appeals of Maryland. September 7, 2004. Appeal from the Circuit Court, Baltimore City, John Philip Miller, J. Page 356 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

23 A.3d 277 Bagada DIONAS v. STATE of Maryland. No. 1742, September Term 2009.Court of Special Appeals of Maryland. July 1, 2011. Appeal from the Circuit Court, Baltimore City, John C. Themelis, J. Page 484 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

768 A.2d 761 MICHAEL A. WILLIAMS v. STATE OF MARYLAND. No. 1233, September Term, 2000.Court of Special Appeals of Maryland. Filed: March 9, 2001. Page 445 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 446 Sherri B. Glasser, Assistant Public Defender (Stephen […]

374 A.2d 414 LYNN A. FURMAN, FORMERLY LYNN A. GLADING v. PETER T. GLADING. No. 1192, September Term, 1976.Court of Special Appeals of Maryland. Decided June 15, 1977. JURISDICTION — SUPPORT OF DEPENDENTS — Continuing Jurisdiction Rule — Continuing Jurisdiction Of Circuit Court To Award Child Support — Where Parties Once Having Been Subject To […]

370 A.2d 566 INSURANCE COMPANY OF NORTH AMERICA v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ET AL. No. 799, September Term, 1976.Court of Special Appeals of Maryland. Decided March 17, 1977. INSURANCE — Omnibus Clause In Automobile Insurance Policies — Maryland Adopts Liberal Rule Of Construction As It Relates To Omnibus Clause — It Is […]

276 A.2d 417 FRANCIS T. DeLILLY, JR. v. STATE OF MARYLAND. No. 307, September Term, 1970.Court of Special Appeals of Maryland. Decided April 28, 1971. WITNESSES — Purpose Of Cross-Examination — Discretion Of Court — Cross-Examination On Matters Affecting Credibility Of Witness — Cross-Examination Of Identifying Witness — Case Remanded For New Trial. The real […]

443 A.2d 1010 ELIZABETH S. DUSKIN v. GERALD L. DUSKIN. No. 1004, September Term, 1981.Court of Special Appeals of Maryland. Decided April 13, 1982. DIVORCE — Marital Property Act — Application Of — Authority Of Equity Courts To Provide For Disposition And Use Of Marital Property In Conjunction With Divorce Or Annulment — This Court […]

24 A.3d 114 Sajid A. MALIK, et ux. v. TOMMY’S AUTO SERVICE, INC., et al. No. 2204, September Term, 2009.Court of Special Appeals of Maryland. July 5, 2011. Appeal from the Circuit Court, Prince George’s County, Dwight D. Jackson, J. Page 611 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

354 A.2d 473 JOHN C. DAVIS v. PHASE I, LIMITED. No. 555, September Term, 1975.Court of Special Appeals of Maryland. Decided March 29, 1976. REAL ESTATE BROKERS — Commission To Be Paid To — By One Not His Employer — Applicability Of Real Property Art. § 14-105 — Prerequisite To Application Of Statute Is An […]

848 A.2d 705 MARK S. NOWAK, et al. v. NAHB RESEARCH CENTER, INC. No. 1019, September Term, 2003.Court of Special Appeals of Maryland. Filed: May 6, 2004. Appealed from the Circuit Court, Prince George’s County, c. Philip Nichols, Jr., J. Page 25 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

389 A.2d 374 GERALD S. KLEIN, TRUSTEE v. LLOYD O. WHITEHEAD ET AL. No. 1068, September Term, 1977.Court of Special Appeals of Maryland. Decided July 12, 1978. JUDGMENTS — Applicability Of Defense Of Res Judicata And Collateral Estoppel — Comparative Analysis With Doctrine Of Collateral Attack — Relationship Between Various Doctrines — Attempt To Collaterally […]

862 A.2d 431 Pedro P. ARRABAL, et al. v. Tracy CREW-TAYLOR, et al. No. 27, September Term, 2003.Court of Special Appeals of Maryland. December 3, 2004. Appeal from the Circuit Court, Baltimore City, Wanda Keys Heard, J. Page 669 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

361 A.2d 138 DONALD LEROY THOMAS v. STATE OF MARYLAND. No. 1331, September Term, 1975.Court of Special Appeals of Maryland. Decided July 29, 1976. DOUBLE JEOPARDY — Application Of Required Evidence Rule — Crime Of Murder As Distinguished From Assault With Intent To Murder — Distinguishable Even Though They Grow Out Of Same Transaction Death […]

979 A.2d 209 MONTGOMERY COUNTY, Maryland v. Valerie J. WILLIS. No. 3081, September Term, 2007.Court of Special Appeals of Maryland. August 28, 2009. Page 515 Appeal from the Circuit Court, Montgomery County, Robert A. Greenberg, J. Page 516 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

550 A.2d 416 TIMOTHY EUGENE HAWKINS v. STATE OF MARYLAND. No. 372, September Term, 1988.Court of Special Appeals of Maryland. December 1, 1988. Appeal from the Circuit Court, Montgomery County, L. Leonard Ruben, J. Page 339 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

672 A.2d 155 MARY P. HELINSKI v. C P TELEPHONE COMPANY. No. 782, September Term, 1995.Court of Special Appeals of Maryland. March 1, 1996. Appeal from the Circuit Court, Anne Arundel County, Bruce C. Williams, J. Page 462 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

786 A.2d 48 HALLE DEVELOPMENT, INC., et al. v. ANNE ARUNDEL COUNTY, MARYLAND No. 32, September Term, 2001Court of Special Appeals of Maryland. Filed: December 4, 2001 Circuit Court, Anne Arundel County, Philip T. Caroom, J., Page 543 Affirmed Page 544 John R. Greiber, Jr., Annapolis, for appellants. Hamilton F. Tyler, Senior Assistant County Attorney […]

226 A.2d 683 CLARENCE R. COLE v. WARDEN, MARYLAND PENITENTIARY. No. 27, Initial Term, 1967.Court of Special Appeals of Maryland. Decided February 14, 1967. POST CONVICTION PROCEDURE — Escobedo Rule — Not Applied Retroactively. The rule in Escobedo v. Illinois, 378 U.S. 478, 84 Sup. Ct. 1758, 12 L.Ed.2d 977 (1964), will not be applied […]

402 A.2d 148 SUPERVISOR OF ASSESSMENTS OF PRINCE GEORGE’S COUNTY ET AL. v. WASHINGTON NATIONAL ARENA LIMITED PARTNERSHIP. No. 1248, September Term, 1978.Court of Special Appeals of Maryland. Decided June 12, 1979. TAXATION — Article 81, § 8(7)(e) — Leasehold Interest In Land And Improvements On Public Park Land Not Exempt From County And State […]

608 A.2d 1276 JOSEPH W. KLEIN, ET UX., v. SEARS, ROEBUCK AND CO., ET AL. No. 1539, September Term, 1991.Court of Special Appeals of Maryland. July 7, 1992. Page 478 Appeal from the Circuit Court, Anne Arundel County, Warren B. Duckett, Jr., J. Page 479 Raymond S. Butler, Baltimore, argued (Bertram M. Goldstein, Goldstein, Hood […]

934 A.2d 1009 Mary L. REESE, Guardian v. DEPARTMENT OF HEALTH AND MENTAL HYGIENE. No. 514 September Term, 2006.Court of Special Appeals of Maryland. November 2, 2007. Appeal from the Circuit Court, Montgomery County, John W. Debelius, III, J. Page 103 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

242 A.2d 575 STATE OF MARYLAND v. MICHAEL DANA GIBSON. No. 161, September Term, 1967.Court of Special Appeals of Maryland. Decided June 3, 1968. APPEAL — State Ordinarily Has No Right Of Appeal From Order Dismissing Less Than All Counts Of Indictment. Ordinarily, the State has no right of immediate appeal from an order dismissing […]

766 A.2d 233 BRUCE Z. SEGAL v. STANFORD HIMELFARB, ET AL. No. 305, September Term, 2000.Court of Special Appeals of Maryland. Filed: February 5, 2001 The Circuit Court, James C. Chapin, J. Affirmed. Page 540 Philip L. O’Donoghue and Jeff Evan Lowinger (Furey, Doolan Abell, LLP, on the brief), Chevy Chase, for appellant. Peter F. […]

671 A.2d 55 DONALD HOFFMAN, ET AL. v. UNITED IRON AND METAL COMPANY, INC., ET AL. AGNES G. ROESCH, ET AL. v. UNITED IRON METAL COMPANY, INC., ET AL. Nos. 560, 561, September Term, 1995.Court of Special Appeals of Maryland. February 6, 1996. Page 118 Appeal from the Circuit Court, Baltimore City, Hilary D. Caplan, […]

688 A.2d 527 DONALD BRADLEY ET AL. v. MARTIN A. FISHER ET AL. No. 752, September Term, 1996.Court of Special Appeals of Maryland. February 5, 1997. Appeal from the Circuit Court, Dorchester County, Richard D. Warren, J. Page 604 Kevin Karpinski (Daniel Karp and Allen, Johnson, Alexander Karp, on brief), Baltimore, for appellants. Harry M. […]

541 A.2d 996 G.C. MURPHY CO., T/A MURPHY’S MART v. COY E. GREER, ET UX. No. 1295, September Term, 1987.Court of Special Appeals of Maryland. June 6, 1988. Appeal from the Circuit Court for Frederick County, G. Edward Dwyer, Jr., J. Page 400 James E. Clapp (Shoemaker, Horman Clapp, P.A., on the brief), Frederick, for […]

333 A.2d 649 IN RE APPEAL NO. 568, SEPTEMBER TERM, 1974 FROM THE CIRCUIT COURT OF BALTIMORE CITY, SITTING AS A JUVENILE COURT. No. 568, September Term, 1974.Court of Special Appeals of Maryland. Decided March 14, 1975. ATTEMPTED CRIMES — LARCENY — Proof — Legal And Factual Impossibility To Commit Offense — Proof Of Ownership […]

847 A.2d 1190 MAYOR AND CITY COUNCIL OF BALTIMORE CITY v. ERNEST A. JOHNSON. No. 01061, September Term, 2003.Court of Special Appeals of Maryland. Filed: April 23, 2004. Page 570 Appeal from the Circuit Court for Baltimore City, M. Brooke Murdock, J. Page 571 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

341 A.2d 827 TIMOTHY V. IAGER v. GEORGE ALDEN ROGERS, III. No. 779, September Term, 1974.Court of Special Appeals of Maryland. Decided July 24, 1975. AUTOMOBILES — NEGLIGENCE — Prohibition Against Overtaking And Attempting To Pass At Intersecting Streets — Violation Of Statute — Constitutes Negligence Where Direct And Proximate Cause Of Injury — Where […]

906 A.2d 945 Christopher MARTINO, d/b/a Do-It-All Construction, Inc. v. Manoochehr ARFAA, et ux. No. 1795, Sept. Term, 2004.Court of Special Appeals of Maryland. September 6, 2006. Appeal from the Circuit Court, Hartford County, Carr, J. Page 693 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

727 A.2d 414 EDWARD F. PINK, ET AL. v. CAMBRIDGE ACQUISITION, INC., ET AL. No. 877, September Term, 1998Court of Special Appeals of Maryland. April 9, 1999 Page 62 Appeal from the Circuit Court, Dorchester County, Richard D. Warren, J. Page 63 Thomas G. Harrison (Charles E. Chlan Associates, on the brief), Bel Air, for […]

301 A.2d 501 BROCKER MANUFACTURING AND SUPPLY COMPANY, INCORPORATED ET AL. v. WILLIAM MADDOX MASHBURN ET AL. No. 726, September Term, 1972.Court of Special Appeals of Maryland. Decided March 19, 1973. WORKMEN’S COMPENSATION — Election Of Remedies — Injured Employee May Elect To Proceed Under Provisions Of Workmen’s Compensation Act Or Against Third Party — […]

733 A.2d 1106 KEVIN REED v. BALTIMORE LIFE INSURANCE COMPANY, ET AL. No. 1390, September Term, 1998Court of Special Appeals of Maryland. Filed: July 6, 1999 Reconsideration Denied August 24, 1999. Appeal from Circuit Court for Montgomery County, Martha G. Kavanaugh, J. Page 537 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

594 A.2d 577 DONALD P. MONROE v. PATRICIA THOMAS MONROE. No. 2033, September Term, 1990.Court of Special Appeals of Maryland. August 27, 1991. Certiorari Granted December 12, 1991. Appeal from the Circuit Court, Baltimore County, Dana M. Levitz, J. Page 133 Ann M. Turnbull (Joseph J. Wase and Turnbull, Wase Lyons, P.A. on the brief) […]

798 A.2d 1213 RAYMOND P. MUSICK v. DORIS MUSICK No. 534, September Term, 2002Court of Special Appeals of Maryland. Filed: May 31, 2002 Page 495 The Circuit Court of Baltimore County, Christian M. Kahl, J. Affirmed. Page 496 Gerald W. Soukup of Baltimore, for appellant. Myles F. Friedman (Colleen A. Cavanaugh and Friedman, Garcia Friedman, […]

664 A.2d 42 ROBERT ALLAN TAPSCOTT v. STATE OF MARYLAND. No. 1323, September Term, 1994.Court of Special Appeals of Maryland. August 31, 1995. Appeal from the Circuit Court, Prince George’s County, Richard J. Clark, J., Page 110 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

600 A.2d 1194 GORDON, FEINBLATT, ROTHMAN, HOFFBERGER HOLLANDER v. LEE D. GERHOLD, ET AL. Nos. 547, 548, September Term, 1991.Court of Special Appeals of Maryland. February 5, 1992. Appeal from the Circuit Court, Anne Arundel County, Lawrence H. Rushworth, Jr., J. Page 361 Robert E. Sharkey (Gordon, Feinblatt, Rothman, Hoffberger Hollander on the brief), Baltimore, […]

931 A.2d 1123 Irfan ALEEM v. Farah ALEEM. No. 1366 September Term, 2006.Court of Special Appeals of Maryland. September 10, 2007. Appeal from the Circuit Court, Montgomery County, S. Michael Pincus, J. Page 664 Stephen J. Cullen (Jeffrey M. Geller, Miles Stockbridge, PC, on the brief), Towson, MD, for Appellant. Susan M. Friedman (Kuder, Smollar […]

424 A.2d 378 CARL S. HELLMANN v. SMITH-MAYFLOWER, SMITH’S MOVING AND STORAGE COMPANY, INC. No. 239, September Term, 1980.Court of Special Appeals of Maryland. Decided December 11, 1980. LIENS — EVIDENCE — Warehouseman’s Lien — Maryland Commercial Law Code, § 7-210 — Public Auction To Enforce Lien — Claimed Failure To Comport With Statutory Requirement […]

633 A.2d 403 JOYCE MERLING v. RAYMOND MERLING, PERSONAL REPRESENTATIVE OF THE ESTATE OF SARA E. HOLLIDAY. No. 1127, September Term, 1993.Court of Special Appeals of Maryland. November 30, 1993. Appeal from the Circuit Court for Harford County, Maurice W. Baldwin, Jr., J. Page 244 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]