Maryland Court of Appeals Decisions 2015
Date: December 22, 2015
Docket Numbers: 21/15, 22/15
Justia Opinion Summary: Defendants Matthew Meyer and Helen Rivera were placed on probationary terms and, as a special condition of probation, prohibited from operating a motor vehicle. The circuit court denied Meyer’s motion to correct and…
Date: December 22, 2015
Docket Number: 79/14
Justia Opinion Summary: Mother took her child to health providers on several occasions after complained that her father had hurt her. The child also exhibited vaginal redness. The Department of Human Resources notified Mother that it found her…
Date: December 21, 2015
Docket Number: 18/15
Justia Opinion Summary: A local public school superintendent decided to terminate a school nurse, who was a “noncertificated” employee. The school nurse challenged her termination by way of a grievance process set forth in a collective…
Date: December 21, 2015
Docket Number: 24/15
Justia Opinion Summary: Dustin R., who was born in 1992, has lived in a foster home since 1995. Guardianship was granted to the Department of Social Services. Dustin is medically fragile and has special needs. In 2010, Dustin began to seek the…
Date: December 18, 2015
Docket Number: 5/15
Justia Opinion Summary: Respondents manufactured steam pumps that were sold to the United States Navy. Although Respondents’ pumps contained asbestos gaskets and packing when they were delivered to the Navy, Respondents’ manuals did not contain…
Date: December 18, 2015
Docket Number: 9/15
Justia Opinion Summary: Petitioner was convicted of first degree murder and sentenced to life imprisonment. The Court of Special Appeals affirmed. Two issues were presented in this appeal, first, whether Petitioner’s statement, “I don’t want to…
Date: December 17, 2015
Docket Number: 11/15
Justia Opinion Summary: Petitioner was charged with theft of property with a value of at least $500 and embezzlement. The charges arose from Petitioner’s removal of funds from a multiple-party bank account, to which Petitioner and her father…
Date: December 16, 2015
Docket Number: 15/15
Justia Opinion Summary: Petitioner was terminated from her position as the Clerk-Treasurer of the Town of Hurlock two and one-half years after she entered into a written employment agreement with the Mayor-elect. Under the employment agreement,…
Date: December 7, 2015
Docket Number: 16/15
Justia Opinion Summary: In 1999, Petitioner pleaded guilty to a drug offense. In 2012, after being subject to sentencing as an armed career criminal, Petitioner filed a petition for coram nobis relief, contending that he pleaded guilty to an…
Date: November 25, 2015
Docket Number: 2/15
Justia Opinion Summary: In 1999, Petitioner was charged with, among other crimes, three counts of first degree assault. In 2000, the circuit court determined that Petitioner was incompetent and ordered that he be committed. In 2004, Petitioner…
Date: November 23, 2015
Docket Number: 7/15
Justia Opinion Summary: Respondent had his vehicle serviced at Russel Collision and was billed for the repairs. Jeremy Martin, Russel Collision’s manager, later signed a “Notice of Sale of Motor Vehicle to Satisfy a Lien” for Respondent’s…
Date: November 23, 2015
Docket Number: 78/14
Justia Opinion Summary: In 1996, Appellant was convicted of two counts of first degree murder and related offenses. In 2008, Appellant filed a petition for post-conviction DNA testing pursuant to Md. Code Ann. Crim. Proc. (CP) 8-201, alleging…
Date: November 23, 2015
Docket Number: 8/15
Justia Opinion Summary: Petitioner filed suit against Respondents in the circuit court, alleging tort and contract claims. Petitioner served the opposing parties with its complaint along with a completed Case Information Report (CIR).…
Date: October 16, 2015
Docket Number: 20m/14
Justia Opinion Summary: Appellees’ farm was condemned by the Board of Education for the purpose of building a school. On Appellees’ behalf, the Board paid the State agricultural land transfer tax and the County farmland transfer tax. Appellees…
Date: October 16, 2015
Docket Number: 6/15
Justia Opinion Summary: Petitioner, through his mother, filed this negligence suit against the landlord and owners (collectively, Respondents) of a rental dwelling where Petitioner had resided with his mother for alleged personal injuries…
Date: October 8, 2015
Docket Number: 13/15
Justia Opinion Summary: At issue in this case was whether a lender who takes possession of property but does not become the fee simple record owner of the property through foreclosure or a deed in lieu of foreclosure is liable for homeowners’…
Date: August 28, 2015
Docket Number: 90/14
Justia Opinion Summary: At issue in this case was the constitutionality of a conviction based on a guilty verdict by a jury that was given an advisory only instruction. After a jury trial in 1976, Respondent was found guilty of two counts of…
Date: August 27, 2015
Docket Number: 70/14
Justia Opinion Summary: Defendant, who was indigent and whose mental competency was questioned by the court and counsel at several junctures, appeared before a series of judges concerning his dissatisfaction with appointed counsel, an assistant…
Date: August 27, 2015
Docket Number: 74/14
Justia Opinion Summary: Defendant was indicted on multiple counts of burglary, theft, and related offenses. Defendant was found to be indigent, and an assistant public defender was assigned to represent him. Before trial, Defendant discharged…
Date: August 21, 2015
Docket Number: 50/14
Justia Opinion Summary: Respondent lived in his home for nearly ten years before razing the existing house in order to build a new house on the lot. Respondent benefitted from the application of the homestead tax credit with respect to…
Date: August 21, 2015
Docket Number: 92/14
Justia Opinion Summary: Petitioners, registered Republican voters and duly elected members of the Republican Central Committee of Carroll County (Committee), filed a complaint for mandamus, declaratory judgment, and injunctive relief seeking to…
Date: August 20, 2015
Docket Number: 64/14
Justia Opinion Summary: Zimmer Development Company wished to construct on a parcel of property in Prince George’s County a small retail center and filed a proposed Comprehensive Design Plan (CDP) and Specific Design Plan (SDP) for the…
Date: August 18, 2015
Docket Number: 89/14
Justia Opinion Summary: Community College of Baltimore County (CCBC) entered into an agreement with Patient First Corporation, a medical provider, under which student medical technicians gained experience doing blood draws at Patient First. In…
Date: August 11, 2015
Docket Number: 85/14
Justia Opinion Summary: In 2012, Petitioner voluntarily consented to a search of his person in the form of saliva and penile swabs for the purpose of furnishing DNA evidence to the police department to use in the investigation of a rape…
Date: August 6, 2015
Docket Number: 14ag/22
Date: August 6, 2015
Docket Number: 55/14
Justia Opinion Summary: Petitioner, a former employee and a minority shareholder in Quotient Inc., filed this action alleging that he had been oppressed by Clark Lare, whose shares together with those owned by his wife, Jodi Lare, were the…
Date: August 4, 2015
Docket Number: 88/14
Justia Opinion Summary: Shyquille Griffin was indicted on charges related to the shooting of Andrew Lindsey. Pursuant to a plea agreement with the State, Griffin pleaded guilty to attempted robbery. The agreement did not mention restitution.…
Date: July 27, 2015
Docket Number: 11/14
Justia Opinion Summary: After a jury-waived trial, Petitioner was convicted of possession of oxycodone with intent to distribute. Petitioner appealed, arguing that he was entitled, by application of the rule established in Riley v. California,…
Date: July 27, 2015
Docket Number: 13/14
Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree felony murder and related charges. On appeal, Defendant argued, inter alia, that the trial court erred when it declined, on the basis of attorney-client…
Date: July 27, 2015
Docket Number: 43/14
Justia Opinion Summary: Defendant was charged with carjacking and related offenses, various firearms offenses, and possession of illicit drugs. The morning of trial, Defendant’s attorney made an oral motion seeking to exclude evidence derived…
Date: July 27, 2015
Docket Number: 65/14
Justia Opinion Summary: Petitioner was charged in a five-count indictment with burglary and related crimes. On the morning of trial, the prosecutor asked the court to amend Count Four from theft of less than $1,000 to theft of at least $1,000…
Date: July 27, 2015
Docket Number: 7/14
Justia Opinion Summary: Petitioner was convicted of possession with intent to distribute marijuana, possession of marijuana, and possession of drug paraphernalia. Petitioner appealed the denial of his motion to suppress text messages that the…
Date: July 27, 2015
Docket Number: 80/14
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder, use of a handgun in the commission of a crime of violence, and wearing, carrying, and transporting a handgun. Defendant was sentenced to life…
Date: July 24, 2015
Docket Number: 82/14
Justia Opinion Summary: Maryland Rule 2-325 provides that a party’s failure to demand a jury trial within fifteen days after service of the last pleading directed to the issue constitutes a waiver of the party's right to a jury trial. If a…
Date: July 24, 2015
Docket Number: 87/14
Justia Opinion Summary: An inmate brutally murdered another inmate during a ride on a prison transport bus staffed by five correctional officers. At issue in this case was whether the correctional officer who was in charge of the bus was…
Date: July 13, 2015
Docket Number: 47/14
Justia Opinion Summary: Pursuant to a plea agreement, Respondent pleaded guilty to having engaged in a conspiracy to distribute marijuana. Respondent later sought to have the conspiracy conviction vacated, asserting that her guilty plea was not…
Date: July 9, 2015
Docket Number: 67/14
Justia Opinion Summary: Defendant was charged with armed robbery. During trial, a DNA expert testified regarding the work of another DNA analyst. The expert was a supervisor in the same lab, reviewed the work of the other analyst, and came to…
Date: June 29, 2015
Docket Number: 68/14
Justia Opinion Summary: Petitioners purchased and financed an automobile from Respondent. Petitioners averred that Respondent failed properly to disclose the vehicle’s history. At issue in this case was the extent to which multiple documents…
Date: June 25, 2015
Docket Number: 84/14
Justia Opinion Summary: Respondent filed a complaint against a sergeant of the Maryland State Police that was “sustained.” Respondent subsequently sought records of the internal investigation conducted by the State Police in response to her…
Date: June 23, 2015
Docket Number: 71/14
Justia Opinion Summary: Respondents, three married couples, obtained home equity lines of credit from Petitioners, a bank and its loan officer. Approximately four years later, Petitioners filed a putative class action alleging that these…
Date: June 18, 2015
Docket Number: 69/14
Justia Opinion Summary: Lafarge North America, Inc., the operator of a ready-mix concrete plant, sought a refund from the Washington Suburban Sanitary Commission (WSSC) for allegedly improperly assessed and paid water and sewer service charges…
Date: June 18, 2015
Docket Numbers: 72/14, 73/14
Justia Opinion Summary: At the center of this case was the report of a Baltimore Sun reporter that a high-ranking Maryland law enforcement ballistic expert named Joseph Kopera had lied, as an expert witness for the prosecution, about his…
Date: June 18, 2015
Docket Number: 83/14
Justia Opinion Summary: Mark Hranicka filed a workers’ compensation claim as a result of an injury he sustained during a motor vehicle accident. The workers’ compensation claim was withdrawn. Thereafter, Hranicka submitted to the Workers’…
Date: June 3, 2015
Docket Number: 57/14
Justia Opinion Summary: These proceedings involved a development project spearheaded by K. Hovnanian’s Four Seasons at Kent Island, LLC (Appellee). Appellee obtained all of the necessary permits and approvals from state and local agencies,…
Date: May 28, 2015
Docket Number: 77/14
Justia Opinion Summary: Plaintiff filed a medical malpractice complaint against Respondent-doctor alleging that Respondent was negligent in failing to diagnose and treat her post-surgical infection. Because Plaintiff failed to file the required…
Date: May 27, 2015
Docket Numbers: 52/14, 54/14
Justia Opinion Summary: At issue in these two consolidated civil cases was the circumstances under which an insurer providing uninsured (UM) motorist coverage may disclaim any such liability owed to its insured. In these cases, Petitioners sued…
Date: May 27, 2015
Docket Number: 75/14
Justia Opinion Summary: Petitioners purchased real property comprised of two lots in a community of single family homes in Hampton. Petitioners later purported to subdivide their property to create an additional undeveloped parcel, which…
Date: May 22, 2015
Docket Number: 63/14
Justia Opinion Summary: Pursuant to a binding plea agreement, Defendant pleaded guilty to two counts of first degree murder. Two decades after he was sentenced, Defendant filed a motion to correct illegal sentence and motion for credit against…
Date: May 22, 2015
Docket Number: 66/14
Justia Opinion Summary: Respondent filed in the circuit court a “complaint for title by adverse possession and bill to quiet title” against Petitioners concerning the ownership of a piece of land known as the Landing on Watts Creek (the…
Date: May 22, 2015
Docket Number: 76/14
Justia Opinion Summary: Here the Court of Appeals decided whether to overrule Allied Inv. Corp. v. Jasen, in which the Court held that a defendant does not convert a plaintiff’s intangible property where the defendant does not convert a…
Date: April 23, 2015
Docket Numbers: 42/14, 59/14, 60/14
Justia Opinion Summary: These three cases, consolidated for the purposes of this opinion, involved the same legal issues arising out of the Court of Appeals’ opinion in Griffin v. State, in which the Court addressed the admissibility of a…
Date: April 22, 2015
Docket Number: 4m/14
Justia Opinion Summary: Plaintiff, a towing company, filed a complaint and requested a declaratory judgment, a temporary restraining order, and both a preliminary and permanent injunction against the State and other governmental entities,…
Date: April 21, 2015
Docket Number: 29/14
Justia Opinion Summary: In 2011, the County Council for Anne Arundel County adopted a comprehensive zoning ordinance for a large portion of the County. County property owners and community associations (“Respondents”) filed suit challenging the…
Date: April 21, 2015
Docket Number: 39/14
Justia Opinion Summary: In this companion case to Anne Arundel County v. Bell, Respondents challenged the adoption by the County Council for Anne Arundel County of a comprehensive zoning ordinance for a large portion of the County, but a…
Date: April 21, 2015
Docket Number: 51/14
Justia Opinion Summary: Blackstone International, Ltd. was insured by Insurers for commercial general liability insurance. The policy included coverage for personal advertising injury liability. Blackstone was sued for breach of contract, among…
Date: April 21, 2015
Docket Number: 56/14
Justia Opinion Summary: Defendant was charged with robbery with a dangerous weapon, conspiracy to commit robbery and first degree assault. During voir dire, the trial judge failed to accede to Defendant’s request that he be brought to the bench…
Date: April 20, 2015
Docket Numbers: 44/14, 58/14
Justia Opinion Summary: The Maryland Workers’ Compensation Act creates a presumption that certain disabling medical conditions are occupational diseases suffered in the line of duty and are therefore compensable. The statute caps those…
Date: April 17, 2015
Docket Number: 45/14
Justia Opinion Summary: Plaintiffs, husband and wife, were struck by a motor vehicle being driven by Adam Pond while they were on a walk. At the time of the accident, the Connors owned a vehicle insured by Government Employees Insurance Co.…
Date: April 17, 2015
Docket Number: 62/14
Justia Opinion Summary: The State charged Petitioner with first-degree murder and other crimes. Petitioner moved to suppress a pretrial identification on the grounds that the identification was hearsay and inadmissible under the Confrontation…
Date: April 7, 2015
Docket Number: 22/14
Justia Opinion Summary: After a retrial, Petitioner was found guilty of attempted second degree arson. Petitioner appealed, arguing that the prosecutor’s opening statement violated his privilege against self-incrimination guaranteed by the…
Date: April 1, 2015
Docket Number: 48/14
Justia Opinion Summary: After a bench trial, Defendant was convicted of five counts of theft by deception and two counts of conspiracy to commit theft by deception. The convictions arose from various construction and remodeling contracts…
Date: March 30, 2015
Docket Number: 31/14
Justia Opinion Summary: After voluntarily leaving his job with Employer, Respondent applied for unemployment benefits. The Department of Labor, Licensing, and Regulation (DLLR) denied the claim for benefits, determining that Respondent quit his…
Date: March 30, 2015
Docket Number: 35/14
Justia Opinion Summary: This case arose out of the fatal shooting of Manuel Espina by Prince George’s County police officer Steven Jackson. Petitioners, Espina’s estate and family, filed suit against Respondents, Jackson and the County,…
Date: March 30, 2015
Docket Number: 38/14
Justia Opinion Summary: Karen Dwyer was the primary driver of a vehicle owned by her father, Alan Dwyer. Alan had forbidden Ameen Abdulkhalek, the father of Karen’s children, to drive the car. The vehicle was insured by a policy in Alan’s name…
Date: March 30, 2015
Docket Number: 40/14
Justia Opinion Summary: In 2002, Petitioner was found guilty but not criminally responsible of robbery and use of a handgun in commission of a felony or a crime of violence. In 2006, the circuit court released Petitioner conditionally. In 2009,…
Date: March 30, 2015
Docket Number: 49/14
Justia Opinion Summary: Petitioner was involved in a fist-fight with another high school student, Dylan P., who suffered a broken nose and damaged sinuses. Pursuant to a plea agreement, Petitioner admitted involvement in the alleged affray. The…
Date: March 27, 2015
Docket Number: 41/14
Justia Opinion Summary: After a jury trial, Defendant was convicted of, among other charges, attempted first-degree murder, attempted robbery with a dangerous weapon, and two convictions for use of a handgun in the commission of a crime of…
Date: March 27, 2015
Docket Number: 53/14
Justia Opinion Summary: Defendant was convicted of felony murder, kidnapping, and robbery, among other crimes. The circuit court court sentenced Defendant to life imprisonment for felony murder, a term of twenty years concurrent for kidnapping,…
Date: March 9, 2015
Docket Number: 37/14
Justia Opinion Summary: Defendant was charged in a seventeen-count indictment with crimes stemming from an incident in which Defendant allegedly shot at Travis Green. Defendant filed a motion to suppress Green’s identification of him, arguing…
Date: March 2, 2015
Docket Number: 1m/14
Justia Opinion Summary: Two security guards employed by SSA Security, Inc. and four of their confederates carried out a conspiracy to set fire to several homes. The resulting fires destroyed ten homes and damaged twelve others. Appellants…
Date: February 23, 2015
Docket Number: 23/14
Justia Opinion Summary: Appellant was charged with and convicted of possession of a regulated firearm by a person with a disqualifying drug conviction. The statute under which Appellant was convicted carries a mandatory minimum sentence of five…
Date: February 20, 2015
Docket Number: 5m/14
Justia Opinion Summary: The United States Bankruptcy Court for the District of Maryland submitted to the Supreme Court a certified question of law. The Court reformulated the question to be this: “Under Maryland law, where there is no…
Date: February 4, 2015
Docket Number: 25/14
Justia Opinion Summary: William Lovelace was a member of Amalgamated Transit Union, Local 1300 (Local 1300). For three years, Lovelace and David McClure (together with Local 1300, “the Union”) served together as officers on Local 1300’s…
Date: January 29, 2015
Docket Number: 19/14
Justia Opinion Summary: Petitioners owned properties located along Farm Road and a ten-foot right-of-way (collectively, the Farm Road), which provided the only means of access to Petitioners’ properties. Petitioners filed suit in the circuit…
Date: January 27, 2015
Docket Number: 26/14
Justia Opinion Summary: Elizabeth Duvall died, having been predeceased by her son, Dennis Kelly, only weeks earlier. Respondents, Duvall’s surviving sons, filed a petition for construction of Duvall’s will, asserting that the will left the…
Date: January 27, 2015
Docket Number: 27/14
Justia Opinion Summary: Plaintiff, a young lawyer associate, filed a complaint against Defendants, his former Virginia-based law firm employer and its principal, claiming a violation of the Maryland Wage Payment and Collection Law (“MWPCL”) and…
Date: January 27, 2015
Docket Number: 30/14
Justia Opinion Summary: This appeal concerned a dispute over ownership of parking spaces situated between The Falls Homeowners Association (“The Falls”) and Falls Garden Condominium Association (“Falls Garden”). The Falls and Falls Garden…
Date: January 23, 2015
Docket Number: 28/14
Justia Opinion Summary: Appellant pled guilty to kidnapping and third-degree sexual offense. Defendant was sentenced to terms of imprisonment. Defendant also signed an order of probation, in which he agreed to the condition of obeying the…
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