Maryland Court of Appeals Decisions 2012

Attorney Grievance v. Rand
Date: December 21, 2012
Docket Number: 50ag/11
Gonzalez v. State  
Date: December 20, 2012
Docket Number: 4/12

Justia Opinion Summary: Petitioner, a Mexican immigrant who did not speak or comprehend English, was convicted of first degree murder and related offenses. Before trial, Petitioner sought suppression of a statement he made connecting him to the...

WSG Holdings, LLC v. Bowie  
Date: December 19, 2012
Docket Number: 22/12

Justia Opinion Summary: Petitioner, an LLC, sought an exception from the Charles County Zoning Regulation to build an office building, gun range, and driving track on a parcel of land in a rural community in the County. The property was subject...

State v. Ray  
Date: December 18, 2012
Docket Number: 23/12

Justia Opinion Summary: Defendant entered a plea of not criminally responsible to charges of first-degree attempted murder and was found incompetent to stand trial. Defendant was committed to the Perkins Hospital for several years waiting to be...

Philips v. Montgomery College
Date: December 18, 2012
Docket Number: 27/12
In the matter of the Hon. Norman R. Stone, III
Date: December 14, 2012
Docket Number: 1jd/12
Attorney Grievance v. Brown
Date: December 12, 2012
Docket Number: 67ag/12
Attorney Grievance v. Vanderslice
Date: December 7, 2012
Docket Number: 68ag/12
Attorney Grievance v. Vanderslice
Date: December 6, 2012
Docket Number: 68ag/12
Bailey v. State
Date: December 5, 2012
Docket Number: 13/12
Attorney Grievance v. Hunt
Date: December 4, 2012
Docket Number: 1pc/12
Attorney Grievance v. Mance
Date: December 3, 2012
Docket Number: 27pc/12
McCracken v. State  
Date: November 28, 2012
Docket Number: 18/12

Justia Opinion Summary: Petitioner was convicted of transporting a handgun in a motor vehicle. A police officer found the handgun in a vehicle he suspected Petitioner had been using a short time earlier for "hacking," which is the provision of...

CR-RSC Tower I, LLC v. RSC Tower I, LLC  
Date: November 27, 2012
Docket Number: 115/11

Justia Opinion Summary: The owners of two properties leased them to developer-tenants for the purpose of building an apartment building on each. As construction was beginning, the landlords breached the leases by refusing to provide estoppel ce...

Mercy Med. Ctr. v. Julian  
Date: November 27, 2012
Docket Number: 118/11

Justia Opinion Summary: These petitions for certiorari pertained to contribution among joint tort-feasors and arose from a medical malpractice action in which Petitioners, the Spences, alleged wrongful death and survival claims against Petition...

Kendall v. State  
Date: November 27, 2012
Docket Number: 2/12

Justia Opinion Summary: Here the trial judge denied a defense motion for judgment of acquittal on three charges against Defendant. The district court then terminated the prosecution of those charges for a purely procedural reason - non-complian...

State v. Weems  
Date: November 20, 2012
Docket Number: 20/12

Justia Opinion Summary: Following a bench trial, Respondent was convicted of theft for cashing a counterfeit check and not returning the money in violation of Md. Code Ann. Crim. Law 7-104(d). Respondent appealed the conviction, arguing that th...

Reinstatement of Jones
Date: November 20, 2012
Docket Number: 51ag/12
Acker v. State
Date: November 20, 2012
Docket Number: 91pc/12
Baltimore County Fraternal Order of Police Lodge v. Baltimore County  
Date: November 19, 2012
Docket Number: 3/12

Justia Opinion Summary: A collective-bargaining agreement between Baltimore County and Baltimore County Fraternal Order of Police, Lodge 4 (FOP) contained an arbitration clause and a retiree health-insurance provision. FOP believed the provisio...

Attorney Grievance v. Katz
Date: November 19, 2012
Docket Number: 86ag/11
Attorney Grievance v. Arati
Date: November 14, 2012
Docket Number: 60ag/12
2012 Legislative Districting of the State
Date: November 9, 2012
Docket Number: 2mo/12
Tinsley v. Washington Metro. Area Transit Auth.  
Date: October 26, 2012
Docket Number: 1/12

Justia Opinion Summary: This consolidated opinion resolved two cases heard by the Court of Appeals concerning the appropriate scope of the Washington Metropolitan Area Transit Authority's (WMATA) immunity from suit. In both cases, Veronica Tins...

Thomas v. State  
Date: October 26, 2012
Docket Number: 130/11

Justia Opinion Summary: Petitioner was charged with one count of sexually abusing a minor, two counts of second degree rape, and six counts of second degree sexual offense. Prior to trial, Petitioner filed a motion to suppress statements he had...

Hodge v. WMATA
Date: October 26, 2012
Docket Number: 25/12
Attorney Grievance v. Block
Date: October 26, 2012
Docket Number: 54ag/12
Attorney Grievance v. Schramm
Date: October 25, 2012
Docket Number: 55ag/11
Application of Van Dusen for Admission
Date: October 25, 2012
Docket Number: 6m/12
USA Cartage Leasing, LLC v. Baer  
Date: October 24, 2012
Docket Number: 129/11

Justia Opinion Summary: In this case the Court of Appeals was asked to decide on the existence and possible means of locating a general easement that provided a right-of-way from a major road. The easement in question crossed the property of US...

Citizens Against Slots At The Mall v. PPE Casino Resorts Md., LLC  
Date: October 24, 2012
Docket Number: 154/09

Justia Opinion Summary: This was the latest in a series of opinions by the Court of Appeals involving the constitutional provision and the implementing legislation authorizing a limited number of slot machines at specified Maryland facilities,...

Whitley v. State Bd. of Elections  
Date: October 23, 2012
Docket Number: 133/11

Justia Opinion Summary: Following the passage of Maryland's latest congressional redistricting law, SB 1, Intervenor employed a website-based initiative to gather the signatures necessary to petition SB 1 to referendum on the general election b...

Attorney Grievance v. Guida
Date: October 23, 2012
Docket Number: 41ag/12
Yates v. State  
Date: October 23, 2012
Docket Number: 8/12

Justia Opinion Summary: A stray bullet, fired at a fleeing drug buyer, killed an innocent bystander. Petitioner was convicted by a jury of second-degree felony murder, distribution of marijuana, and related offenses in connection with the death...

Thomas v. State  
Date: October 22, 2012
Docket Number: 127/11

Justia Opinion Summary: A jury convicted Petitioner of distribution of a controlled dangerous substance. The court of special appeals affirmed, reasoning that a witness's prior consistent statements are admissible even if the witness had multip...

Nickens v. Mt. Vernon Realty  
Date: October 19, 2012
Docket Number: 7/12

Justia Opinion Summary: At issue in this case was whether Respondents, a property management company, law firm, and mortgage servicer, committed an impermissible forcible entry when they enforced, through lock-out, the foreclosure purchaser's l...

Attorney Grievance v. Decker
Date: October 18, 2012
Docket Number: 16ag/12
Attorney Grievance v. Oler
Date: October 17, 2012
Docket Number: 48ag/12
Attorney Grievance v. Sneider
Date: October 16, 2012
Docket Number: 46ag/12
Spence v. State
Date: October 9, 2012
Docket Number: 17pc/12
Attorney Grievance v. Novelli
Date: October 9, 2012
Docket Number: 26ag/12
Attorney Grievance v. Burkhardt
Date: October 5, 2012
Docket Number: 65ag/11
Application of Van Dusen for Admission
Date: October 5, 2012
Docket Number: 6m/12
Atkinson v. Anne Arundel County  
Date: September 28, 2012
Docket Number: 111/11

Justia Opinion Summary: In 2002, county voters adopted an amendment to the county charter relating to the resolution by binding arbitration of collective bargaining impasses with the county's law enforcement employees and uniformed firefighters...

Hastings v. PNC Bank, NA  
Date: September 27, 2012
Docket Number: 109/11

Justia Opinion Summary: Petitioners were beneficiaries of a testamentary trust who sued the trustee, Respondent PNC Bank. Petitioners alleged that PNC improperly demanded that each beneficiary execute a broad release agreement prior to distribu...

Carroll v. State  
Date: September 27, 2012
Docket Number: 126/11

Justia Opinion Summary: Petitioner was tried before a jury in the circuit court and convicted of four counts of attempted armed robbery, four counts of conspiracy to commit those offenses, and related crimes. The court of special appeals conclu...

State v. Harris  
Date: September 27, 2012
Docket Number: 22/10

Justia Opinion Summary: Respondent was convicted by a jury of second-degree depraved heart murder. Respondent appealed his conviction to the court of special appeals, where he argued, inter alia, that the trial court's failure to disclose to hi...

S&S Oil, Inc. v. Jackson  
Date: September 25, 2012
Docket Number: 122/11

Justia Opinion Summary: Respondent entered a gas station owned and operated by Petitioner, where she mis-stepped on even ground and twisted her knee. Respondent subsequently filed a negligence suit against Petitioner. The trial court denied Pet...

Doe v. Bd. of Elections  
Date: September 25, 2012
Docket Number: 131/11

Justia Opinion Summary: The Maryland Dream Act seeks to exempt certain students from paying out-of-state tuition rates at higher education institutions in Maryland. Following the enactment of the Act, MDPetitions.com petitioned to refer the Act...

Attorney Grievance v. Alston
Date: September 25, 2012
Docket Number: 13ag/11
Attorney Grievance v. Zeiger
Date: September 24, 2012
Docket Number: 28ag/07
Motor Vehicle Admin. v. McMillan  
Date: September 24, 2012
Docket Number: 60/10

Justia Opinion Summary: At issue in this case was whether a test technician's certification that a driver refused to complete an alcohol concentration test after initially submitting to it - when coupled with the evidence that the driver had be...

Bldg. Materials Corp. of Am. v. Bd. of Educ.  
Date: September 24, 2012
Docket Number: 71/11

Justia Opinion Summary: For some years, the Board of Education of Baltimore County belonged to a governmental group purchasing consortium, which competitively bid a roofing services contract on behalf of its members. The Board relied on that co...

Attorney Grievance v. Prem
Date: September 12, 2012
Docket Number: 7agb/12
Attorney Grievance v. Bellamy
Date: September 11, 2012
Docket Number: 28ag/11
Attorney Grievance v. Shurberg
Date: September 11, 2012
Docket Number: 3ag/12
York v. Hession
Date: September 10, 2012
Docket Number: 5pc/12
Attorney Grievance v. Ijeabuonwu
Date: September 7, 2012
Docket Number: 5ag/12
Attorney Grievance v. Rieman
Date: September 6, 2012
Docket Number: 7ag/12
Attorney Grievance v. Rieman
Date: September 5, 2012
Docket Number: 7ag/12
Attorney Grievance v. Rieman
Date: September 5, 2012
Docket Number: 7aga/12
Duckett v. Riley  
Date: August 29, 2012
Docket Number: 61/07

Justia Opinion Summary: Respondent filed a medical action against Petitioner, a medical doctor. At issue before the Court of Appeals was whether a completed case information report, on which an election of a jury trial is noted and which is fil...

Miller v. Matthias  
Date: August 27, 2012
Docket Number: 146/08

Justia Opinion Summary: The parties in this case were the parents of a minor child, whose custody they agreed to share when they both lived in Maryland. Mother subsequently moved to Virginia and filed a motion to modify custody. Concurrently, M...

Attorney Grievance v. Jones
Date: August 27, 2012
Docket Number: 9ag/09
Marshall v. State  
Date: August 24, 2012
Docket Number: 103/11

Justia Opinion Summary: At issue in this case was when "meaningful trial proceedings" begin for purposes of Md. Rule 4-215(e) regarding a defendant's request to discharge counsel. Defendant in this case requested to discharge counsel preceding...

Reid v. State  
Date: August 24, 2012
Docket Number: 113/11

Justia Opinion Summary: After having been convicted on an agreed-upon statement of the facts of wearing, carrying, or transporting a handgun illegally and of being in possession of a handgun after conviction of a disqualifying offense, Defendan...

McMillan v. State  
Date: August 24, 2012
Docket Number: 132/08

Justia Opinion Summary: Petitioner was convicted of first-degree felony murder. Petitioner's defense at trial was that his participation in the crimes with which he was charged was coerced. Petitioner argued on appeal that the trial court's ref...

Attorney Grievance v. Strott
Date: August 24, 2012
Docket Number: 61ag/11
Attorney Grievance v. Sellers
Date: August 24, 2012
Docket Number: 8ag/12
Taylor v. State  
Date: August 24, 2012
Docket Number: 95/11

Justia Opinion Summary: After a jury trial, Petitioner was convicted of distributing and possessing a controlled dangerous substance. The court of special appeals affirmed the conviction. Defendant subsequently filed a petition for postconvicti...

Pro-Football, Inc. v. McCants  
Date: August 23, 2012
Docket Number: 116/11

Justia Opinion Summary: Respondent sustained six injuries while playing for the Washington Redskins on four separate occasions. Consequently, Respondent filed with the Maryland Workers Compensation Commission six separate claims against his emp...

Downey v. Sharp  
Date: August 23, 2012
Docket Number: 19/11

Justia Opinion Summary: This case related to an arbitration award denying an express easement on Petitioners' property. Petitioners filed a petition in the circuit court to confirm the arbitration award, and Respondent filed a motion to vacate...

Attorney Grievance v. Strott
Date: August 23, 2012
Docket Number: 61ag/11
Attorney Grievance v. Walker-Turner
Date: August 22, 2012
Docket Number: 16ag/11
Pro-Football, Inc. v. Tupa  
Date: August 22, 2012
Docket Number: 29/11

Justia Opinion Summary: This case involved a claim by a former professional football player (the athlete) for benefits under the Maryland Workers' Compensation Act based on an injury during pre-game warm-up at the employer's stadium in Maryland...

Corbin v. State  
Date: August 22, 2012
Docket Number: 48/11

Justia Opinion Summary: Defendant was on probation for a drunken driving offense when his DNA was collected for a separate murder investigation. The DNA was taken from saliva that Defendant left on a straw in the course of complying with an alc...

Attorney Grievance v. Tun
Date: August 22, 2012
Docket Number: 71ag/11
Bd. of Educ. v. Marks-Sloan  
Date: August 21, 2012
Docket Number: 117/11

Justia Opinion Summary: Respondent was injured in an automobile collision involving Norman Iglehart while both were acting within the scope of their employment with the Board of Education of Prince George's County. The workers' compensation com...

Sumpter v. Sumpter  
Date: August 21, 2012
Docket Number: 120/11

Justia Opinion Summary: Father filed for divorce from Mother. In that proceeding, the parties contested physical and legal custody of their daughters. Prior to the merits hearing, a circuit court judge ordered preparation by court-related perso...

Ingram v. State  
Date: August 21, 2012
Docket Number: 121/11

Justia Opinion Summary: After a jury trial, Defendant was convicted of manslaughter by motor vehicle, participating in a race or speed contest, and failing to remain at the scene of an accident resulting in death. Defendant appealed, arguing th...

Baker v. Montgomery Co.  
Date: August 21, 2012
Docket Number: 124/11

Justia Opinion Summary: Respondents, a county, city, village, and other government officials, established speed cameras that recorded, among others, Petitioners traveling in their vehicles over the posted speed limit. Respondents issued citatio...

Attorney Grievance v. Ross
Date: August 21, 2012
Docket Number: 19ag/11
Application of Cramer
Date: August 21, 2012
Docket Number: 19m/06
Attorney Grievance v. Stinson
Date: August 21, 2012
Docket Number: 30ag/09
Attorney Grievance v. Zimmerman
Date: August 21, 2012
Docket Number: 32ag/11
Attorney Grievance v. Lawson
Date: August 21, 2012
Docket Number: 4ag/08
Attorney Grievance v. Nnaka
Date: August 21, 2012
Docket Number: 52ag/08
Tracey v. Solesky (On Motion for Reconsideration)
Date: August 21, 2012
Docket Number: 53re/11
Montgomery Co. v. FOP Lodge 35  
Date: August 20, 2012
Docket Number: 105/11

Justia Opinion Summary: The Fraternal Order of Police, Montgomery County Lodge 35, Inc. (FOP) filed a grievance under its collective bargaining agreement (CBA) with Montgomery County following the County's unilateral decision to discontinue a l...

State v. Neger  
Date: August 20, 2012
Docket Number: 108/11

Justia Opinion Summary: Respondent recorded a deed he had altered. At a bench trial, Respondent was convicted of counterfeiting pursuant to Md. Code Ann. Crim. Law 8-601. The court of special appeals reversed based on its conclusion that the ev...

Shepherd v. Burson  
Date: August 20, 2012
Docket Number: 110/11

Justia Opinion Summary: In 2008, the General Assembly enacted a statute to require that a foreclosing lender provide advance written notice to the borrower of its intention to foreclosure. Among the information to be provided in that notice is...

Attorney Grievance v. MacFadyen
Date: August 20, 2012
Docket Number: 13ag/12
Curtis v. US Bank Nat'l Ass'n  
Date: August 20, 2012
Docket Number: 96/11

Justia Opinion Summary: Tenant rented her residence from Landlord, who defaulted on the mortgage on that property. U.S. Bank National Association (USBNA), as trustee for a mortgage-backed security that owned that debt, foreclosed on Landlord's...

FOP Lodge 35 v. Montgomery Co.
Date: August 17, 2012
Docket Number: 132pc/11
Whitley v. MD State Board of Elections
Date: August 17, 2012
Docket Number: 133pc/11
Attorney Grievance v. Donovan
Date: August 17, 2012
Docket Number: 20ag/11
Attorney Grievance v. Sniffen
Date: August 15, 2012
Docket Number: 25ag/12
Attorney Grievance v. Reinhardt
Date: August 6, 2012
Docket Number: 18ag/11
Attorney Grievance v. Abercrombie
Date: August 1, 2012
Docket Number: 107ag/11
Attorney Grievance v. Gitomer
Date: August 1, 2012
Docket Number: 32ag/12
Attorney Grievance v. Watson
Date: August 1, 2012
Docket Number: 99ag/11
Attorney Grievance v. London
Date: July 10, 2012
Docket Number: 12ag/11
Attorney Grievance v. Kalin
Date: July 10, 2012
Docket Number: 19ag/12
Johnson v. State  
Date: July 10, 2012
Docket Number: 84/11

Justia Opinion Summary: Following his arrest at age sixteen, Petitioner was convicted of assault with intent to murder and other crimes even though the indictment returned by the Grand Jury did not charge assault with intent to murder. Petition...

Attorney Grievance v. Dominguez
Date: July 3, 2012
Docket Number: 47ag/11
Barclay v. Briscoe  
Date: June 27, 2012
Docket Number: 41/11

Justia Opinion Summary: Michael Barclay was injured in a collision with a car driven by Christopher Richardson, a longshoreman, who had fallen asleep at the wheel while traveling home after a twenty-two hour shift at his job site located at the...

Greco v. State  
Date: June 26, 2012
Docket Number: 86/11

Justia Opinion Summary: This matter stemmed from an order of the circuit court granting Petitioner postconviction relief by vacating his conviction for first degree premeditated murder and leaving in place Petitioner's related convictions for f...

Thomas v. Nadel  
Date: June 25, 2012
Docket Number: 106/11

Justia Opinion Summary: In the recent decision in Bates v. Cohn, the Court of Appeals reiterated that a borrower challenging a foreclosure action must ordinarily assert known and ripe defenses to the conduct of the foreclosure sale in advance o...

Lancaster v. State
Date: June 25, 2012
Docket Number: 122/08
Attorney Grievance v. Garrett
Date: June 25, 2012
Docket Number: 13ag/10
Attorney Grievance v. Park
Date: June 25, 2012
Docket Number: 15ag/09
Motor Vehicle Admin. v. Lipella  
Date: June 25, 2012
Docket Number: 80/10

Justia Opinion Summary: After a sheriff's deputy pulled Ronald Lipella over for swerving outside the proper travel lane on a county highway, the deputy administered to Lipella three standard field sobriety tests, all of which Lipella failed. An...

Attorney Grievance v. Shakir
Date: June 25, 2012
Docket Number: 8ag/09
Burruss v. Bd. of County Comm'rs  
Date: June 25, 2012
Docket Number: 99/11

Justia Opinion Summary: The Board of County Commissioners of Frederick County (BOCC) appointed a nine-member charter board in 2011. The Maryland Constitution provides that the BOCC shall hold a special election for consideration of additional n...

Anderson v. United States  
Date: June 22, 2012
Docket Number: 14m/11

Justia Opinion Summary: Appellant Angelia Anderson brought a medical malpractice action in the U.S. District Court against the United States under the Federal Tort Claims Act (FTCA). The FTCA contains a two-year statute of limitations regarding...

Attorney Grievance v. Moeller
Date: June 22, 2012
Docket Number: 49ag/07
Gomez v. Jackson Hewitt, Inc.  
Date: June 22, 2012
Docket Number: 72/11

Justia Opinion Summary: At issue in this appeal was whether the Maryland Credit Services Businesses Act (CSBA) applies to a tax preparer who receives payment from a lending bank for facilitating a consumer's obtention of a refund anticipation l...

Pinkney v. State  
Date: June 22, 2012
Docket Number: 97/11

Justia Opinion Summary: Petitioner Jerome Pinkney was convicted of second degree assault and sentenced to eighteen months imprisonment. Petitioner appealed, claiming that the trial court violated Maryland Rule 4-215(e) by failing to inform him...

Attorney Grievance v. Jansen
Date: June 20, 2012
Docket Number: 101ag/11
Doe v. Board of Elections
Date: June 13, 2012
Docket Number: 131pc/11
Application of Barnes
Date: June 13, 2012
Docket Number: 27m/11
Attorney Grievance v. Zimmerman
Date: June 12, 2012
Docket Number: 32pc/11
Attorney Grievance v. Dorsey
Date: June 7, 2012
Docket Number: 2ag/12
Unger v. State  
Date: May 24, 2012
Docket Number: 111/09

Justia Opinion Summary: In 1976, Petitioner Merle Unger was indicted for felony murder, armed robbery, and using a handgun in the commission of the felony. During the trial, the trial judge told the jury that all of the judge's instructions as...

Cordish Power Plant Ltd. P'ship v. Supervisor of Assessment  
Date: May 23, 2012
Docket Number: 114/11

Justia Opinion Summary: Appellants, a power plant limited partnership and a power plant, leased from the City of Baltimore two adjoining pieces of real estate. After the properties were valued by the City's supervisor of assessments, Appellants...

Baltimore City Dep't of Social Servs.  
Date: May 23, 2012
Docket Number: 131/07

Justia Opinion Summary: Respondents in this case were an instructional aid and teacher employed by the public school system. Petitioner, the Department of Human Resources, received reports accusing Respondents of committing child abuse and late...

Mulligan v. Corbett  
Date: May 23, 2012
Docket Number: 43/11

Justia Opinion Summary: At issue in this case was whether a man who claimed to be the father of a child conceived while the mother was married to another man, but born after the mother and her husband divorced, had an unconditional right to gen...

Attorney Grievance v. Tanko
Date: May 23, 2012
Docket Number: 70ag/10
Wash. Home Remodelers, Inc. v. Attorney Gen., Consumer Prot. Div.  
Date: May 22, 2012
Docket Number: 82/11

Justia Opinion Summary: At issue in this case was the scope of authority of the Attorney General's Consumer Protection Division to issue administrative subpoenas in aid of its investigation into potential unfair and deceptive trade practices. T...

Bazzle v. State  
Date: May 22, 2012
Docket Number: 89/11

Justia Opinion Summary: After his convictions for attempted second-degree murder, attempted armed carjacking, and first-degree assault, Petitioner Chaz Bazzle appealed, arguing that the trial court erred by (1) failing to instruct the jury on v...

Forster v. Office of Public Defender  
Date: May 22, 2012
Docket Number: 92/11

Justia Opinion Summary: Appellant Nancy Forster was terminated from the position of state public defender by the board of trustees of the state office of public defender. Forster subsequently filed a wrongful discharge action against the office...

McCloud v. Handgun Permit Review Bd.  
Date: May 21, 2012
Docket Number: 101/11

Justia Opinion Summary: Petitioner Michael McCloud applied for a handgun permit but was denied because in 2006 he had been convicted in the District of Columbia of attempting to carry a pistol without a license. In denying Petitioner's applicat...

Attorney Grievance v. Butler
Date: May 21, 2012
Docket Number: 14ag/11
Bd. of Elections v. Libertarian Party  
Date: May 21, 2012
Docket Number: 79/11

Justia Opinion Summary: Appellees, the Libertarian Party and the Green Party, enjoyed ballot access privileges from 2007 to 2010, when they were unable to show their respective memberships consisted of at least one percent of registered Marylan...

McNeal v. State  
Date: May 21, 2012
Docket Number: 94/11

Justia Opinion Summary: Petitioner Daniel McNeal was convicted by a jury of possessing a handgun after conviction of a disqualifying crime but, in the same trial, acquitted of wearing, carrying, or transporting a handgun. McNeal appealed, argui...

Attorney Grievance v. Uhl
Date: May 18, 2012
Docket Number: 59ag/11
Port v. Cowan  
Date: May 18, 2012
Docket Number: 69/11

Justia Opinion Summary: Appellant and Appellee were two women validly married in California. The parties later agreed to separate, and Appellant filed a divorce complaint in Maryland. The circuit court denied the requested relief, explaining in...

Attorney Grievance v. Ingram
Date: May 9, 2012
Docket Number: 60ag/11
Attorney Grievance v. Hardnett
Date: May 9, 2012
Docket Number: 64ag/11
Attorney Grievance v. Agatstein
Date: May 9, 2012
Docket Number: 96ag/11
Attorney Grievance v. Dominguez
Date: May 8, 2012
Docket Number: 47pc/11
Nicolas v. State  
Date: May 8, 2012
Docket Number: 88/11

Justia Opinion Summary: Following a jury trial, Petitioner McKenzie Nicolas was convicted of resisting arrest and second degree assault stemming from a confrontation with two officers at Petitioner's home. The court of special appeals affirmed....

Univ. of Md. Med. Sys. Corp. v. Muti  
Date: May 3, 2012
Docket Number: 42/11

Justia Opinion Summary: Decedent Elliott Multi died in March 2005. Plaintiffs were the widow of Decedent and the adult children of her marriage with Decedent. Plaintiffs filed a claim against the University of Maryland Medical Systems Corporati...

Black v. State  
Date: May 3, 2012
Docket Number: 73/11

Justia Opinion Summary: Petitioner Ocie Black was convicted of child sexual abuse, second degree sex abuse, and third degree sex abuse and sentenced to thirty-two years incarceration. Petitioner appealed, claiming that the trial court erred in...

Kumar v. Dhanda  
Date: May 2, 2012
Docket Number: 47/11

Justia Opinion Summary: Dr. Shailendra Kumar sued Dr. Anand Dhanda, alleging breach of contract and breach of a covenant not to compete. The contract at issue provided for disputes to be initially addressed through mandatory, non-binding arbitr...

Davis v. State  
Date: May 2, 2012
Docket Number: 59/11

Justia Opinion Summary: Montgomery County law enforcement officers, situated at a "listening post" in Montgomery County, and operating under an ex pare order issued by a judge of the county circuit court under the Maryland Wiretapping and Elect...

Genies v. State  
Date: May 1, 2012
Docket Number: 11/11

Justia Opinion Summary: While incarcerated, Petitioner Daniel Genies masturbated in sight of a female correctional officer, while smiling and making eye contact with her, despite her orders to stop. Genies was subsequently charged with committi...

Attorney Grievance v. Goodman
Date: May 1, 2012
Docket Number: 46ag/08
Cochran v. Griffith Energy Servs., Inc.  
Date: May 1, 2012
Docket Number: 87/11

Justia Opinion Summary: Petitioners, a pair of adult children, sued Griffith Energy Services, an energy company that spilled heating oil in Petitioners' parents' home, and its attorneys for fraud and negligent supervision. Petitioners' parents...

MRA Prop. Mgmt., Inc. v. Armstrong  
Date: April 30, 2012
Docket Number: 93/07

Justia Opinion Summary: This case involved a long-standing dispute between Appellants, the Tomes Landing Condominium Association and MRA Property Management, and Appellees, twenty-five condominium unit purchasers. The unit purchasers were grant...

Abdul-Maleek v. State  
Date: April 27, 2012
Docket Number: 46/11

Justia Opinion Summary: Petitioner Muhammad Abdul-Maleek was convicted in the district court of theft. Petitioner exercised his right to appeal and was afforded a de novo trial by jury in the circuit court. The jury likewise convicted Petitione...

120 W. Fayette St., LLLP v. Mayor & City Council of Baltimore  
Date: April 27, 2012
Docket Number: 81/11

Justia Opinion Summary: In 1999, the Baltimore City Council enacted an urban renewal plan (Plan) to renew a portion of Baltimore City. A five-block area located in the renewal area was the subject of protracted litigation between 120 West Fayet...

Popkin v. Gindlesperger  
Date: April 26, 2012
Docket Number: 104/11

Justia Opinion Summary: Deputy Erick Gindlesperger of the county sheriff's office filed a subpoena request seeking to compel Sheriff Darren Popkin to produce documents prior to a disciplinary hearing under the Law Enforcement Officers' Bill of...

Tracey v. Solesky  
Date: April 26, 2012
Docket Number: 53/11

Justia Opinion Summary: A pit bull named Clifford escaped from its pen and attacked Dominic Solesky, a minor, who initially sustained life threatening injuries as a result of his mauling. Dominic's parents, as next friends of Dominic, sued Defe...

Fisher v. E. Corr. Inst.  
Date: April 26, 2012
Docket Number: 90/11

Justia Opinion Summary: In December 2008, State Employee was notified that her employment was terminated. Employee submitted a timely written appeal of her termination to the secretary of her agency. In August 2009, when Employee received no re...

Swartzbaugh v. Encompass Ins. Co. of Am.  
Date: April 25, 2012
Docket Number: 100/11

Justia Opinion Summary: Lynne Swartzbaugh purchased motor vehicle insurance with Encompass Insurance Company. The policy named Lynne, her husband, and their daughter Kelly (Petitioners) as drivers. Lynne executed a waiver of higher uninsured mo...

Attorney Grievance v. Blondell
Date: April 25, 2012
Docket Number: 69ag/11
Cosby v. Dep't of Human Res.  
Date: April 25, 2012
Docket Number: 74/11

Justia Opinion Summary: Johnette Cosby requested an administrative hearing to challenge a determination by the Department of Social Services that she was responsible for "indicated child neglect." Prior to the hearing, Cosby's son was adjudicat...

Reinstatement of Ira C. Cooke
Date: April 25, 2012
Docket Number: 82ag/07
King v. State  
Date: April 24, 2012
Docket Number: 68/11

Justia Opinion Summary: Appellant Alonzo King was arrested in 2009 on first- and second-degree assault charges. Pursuant to the Maryland DNA Collection Act, King's DNA was collected, analyzed, and entered into Maryland's DNA database. King was...

Attorney Grievance v. McGlade
Date: April 24, 2012
Docket Number: 6ag/10
Attorney Grievance v. Royer
Date: April 24, 2012
Docket Number: 89ag/11
Attorney Grievance v. Knowles
Date: April 24, 2012
Docket Number: 91ag/11
Attorney Grievance v. Camus
Date: April 23, 2012
Docket Number: 15ag/11
Attorney Grievance v. Brown
Date: April 23, 2012
Docket Number: 1ag/11
State v. Stringfellow  
Date: April 23, 2012
Docket Number: 62/11

Justia Opinion Summary: After a jury trial, Reginald Stringfellow was convicted of possessing a regulated firearm after having been convicted of a disqualifying crime and wearing, carrying, or transporting a handgun. Stringfellow appealed, argu...

Bd. of Pub. Works v. K. Hovanian's Four Seasons  
Date: April 23, 2012
Docket Number: 67/11

Justia Opinion Summary: This was an action for judicial review to determine whether the Maryland Board of Public Works committed legal error in denying, by a two-to-one vote, Respondent's application for a license to fill and dredge on certain...

HNS Dev., LLC v. People's Counsel for Baltimore County  
Date: April 23, 2012
Docket Number: 85/11

Justia Opinion Summary: In 1991, the predecessor in title to the disputed property at issue in this case to Petitioner, HNS Development, and Baltimore County failed to resolve conclusively whether certain development restrictions would be place...

Green v. Nassif  
Date: April 20, 2012
Docket Number: 57/11

Justia Opinion Summary: The decedent in this case died in 1993, leaving an estate of more than $28 million to his wife, Helen Nassif, and his two children. Instead of receiving her bequest in the will, Nassif elected to take a statutory share o...

Application of Coleman for Admission to the Bar of MD
Date: April 11, 2012
Docket Number: 22m/11
Application of J.H.K. for Admission to the Bar of MD
Date: April 10, 2012
Docket Number: 23m/11
Application of J.H.K. for Admission to the Bar of MD
Date: April 10, 2012
Docket Number: 8m/11
Attorney Grievance v. Milland
Date: April 6, 2012
Docket Number: 93ag/11
Toland v. Futagi  
Date: March 28, 2012
Docket Number: 83/11

Justia Opinion Summary: Peter Toland, a Maryland resident, filed a complaint to establish custody of his daughter, Erika, who lived with her maternal grandmother, Akiko Futagi, in Japan. The mother of Erika, having previously been awarded custo...

Attorney Grievance v. Van Nelson
Date: March 27, 2012
Docket Number: 9ag/11
Attorney Grievance v. Mahone
Date: March 26, 2012
Docket Number: 45ag/11
Alston v. State  
Date: March 23, 2012
Docket Number: 121/09

Justia Opinion Summary: Petitioner Curtis Alston was convicted of first degree murder and related offenses and sentenced to life in prison without parole for first degree murder and lesser terms for the other offenses. Later, the postconviction...

Washington v. State  
Date: March 23, 2012
Docket Number: 45/11

Justia Opinion Summary: Petitioner Ricky Washington was convicted by a jury of first degree rape and related offenses. Petitioner appealed, claiming, inter alia, that the trial court had abused its discretion in declining to ask during voir dir...

McClain v. State  
Date: March 21, 2012
Docket Number: 17/10

Justia Opinion Summary: Petitioner Elliott McClain was convicted by a jury of first degree murder and related offenses. At trial, the State offered into evidence an audiotape of a prior statement by a State's witness without explicitly offering...

Dulyx v. State  
Date: March 21, 2012
Docket Number: 54/11

Justia Opinion Summary: Md. R. Evid. 5-804(b)(1) allows for the admission of "former testimony" hearsay when the party against whom the declarant's statement is offered had an opportunity to develop the testimony at a prior action or proceeding...

Smith v. State  
Date: March 21, 2012
Docket Number: 76/11

Justia Opinion Summary: After being pulled over for a routine traffic stop, Petitioner Tyrone Smith was convicted of driving without a license. Petitioner was convicted under Md. Code Ann, Transp. 16-101(a) (the statute), which contains three p...

Dist. of Columbia v. Singleton  
Date: March 20, 2012
Docket Number: 77/11

Justia Opinion Summary: Respondents Wayne Singleton and his eight-year-old son were passengers in a bus when the bus left the road and collided with a tree. Respondents sued Petitioner, the District of Columbia, alleging that it was liable vica...

Attorney Grievance v. Smith
Date: March 19, 2012
Docket Number: 10ag/11
Attorney Grievance v. Hammond
Date: March 16, 2012
Docket Number: 34ag/11
Attorney Grievance v. Kline
Date: March 16, 2012
Docket Number: 38ag/11
Phillips v. State  
Date: March 16, 2012
Docket Number: 58/11

Justia Opinion Summary: Petitioner Charles Phillips was arrested and subjected to a custodial interrogation. After about forty-five minutes of conversation, Petitioner expressed a desire to consult with an attorney. Following that expression, a...

Phillips v. State
Date: March 15, 2012
Docket Number: 58/11
Attorney Grievance v. Troese
Date: March 9, 2012
Docket Number: 87ag/11
Erie Insurance v. Reeside
Date: March 7, 2012
Docket Number: 98pc/11
Davis v. Petito  
Date: February 27, 2012
Docket Number: 30/11

Justia Opinion Summary: In this custody modification proceeding, Joanna Davis was ordered by the circuit court to pay her ex-husband, Michael Petito, $30,773 in attorneys' fees and costs because the trial court determined she was in a better fi...

King v. Comptroller  
Date: February 24, 2012
Docket Number: 32/11

Justia Opinion Summary: After the IRS concluded its audit of the Baltimore Orioles Limited Partnership's tax returns for years 1993-1999 and adjusted various partnership items, the personal income tax liability of Wanda King, one of the limited...

Grandison v. State  
Date: February 22, 2012
Docket Number: 117/10

Justia Opinion Summary: In his sixth time before the court of appeals, Anthony Grandison, a prisoner on death row for his role in a pair of 1983 murders, presented various requests for relief. Grandison's previous appeals resulted in one order...

Pace v. State  
Date: February 22, 2012
Docket Number: 132/10

Justia Opinion Summary: The mother of a kindergarten student, who suffered a serious allergic reaction after consuming peanut butter given to her under her school's free lunch program, brought suit against the State and its agents (collectively...

Jones v. State  
Date: February 22, 2012
Docket Number: 37/11

Justia Opinion Summary: This case arose from an altercation between Petitioner Kimberly Jones and two deputy sheriffs during the deputies' attempt to serve an arrest warrant for an individual at the home of Petitioner. Petitioner filed a compla...

Attorney Grievance v. Ambe
Date: February 22, 2012
Docket Number: 6ag/11
Attorney Grievance v. Payer
Date: February 22, 2012
Docket Number: 8ag/11
Washington v. State  
Date: February 21, 2012
Docket Number: 22/11

Justia Opinion Summary: In 1990, Appellant Michael Washington was convicted by a jury of first degree rape and related offenses and was sentenced to life in prison. Appellant later petitioned for a search for DNA material pursuant to Md. Code A...

Univ. of Md. Med. Sys. Corp. v. Muti  
Date: February 21, 2012
Docket Number: 42/11

Justia Opinion Summary: Plaintiffs were the widow of a decedent and the adult children of her marriage with the decedent. Plaintiffs asserted claims under the Wrongful Death Statute against University of Maryland Medical Systems Corporation (UM...

Potomac Abatement, Inc. v. Sanchez  
Date: February 21, 2012
Docket Number: 56/11

Justia Opinion Summary: On two separate occasions, Respondent Edy Sanchez filed for benefits with the Workers' Compensation Commission while previous orders, in the same claim, were pending on appeal in the courts. The Commission decided that i...

Attorney Grievance v. Jones
Date: February 7, 2012
Docket Number: 72ag/11
Attorney Grievance v. Nusbaum
Date: February 7, 2012
Docket Number: 90ag/09
Application of R.C.S. for Admission to the Bar of MD
Date: February 6, 2012
Docket Number: 8m/11
Attorney Grievance v. Van Nelson
Date: February 6, 2012
Docket Number: 9ag/11
Attorney Grievance v. Van Nelson
Date: February 6, 2012
Docket Number: 9pc/11
Attorney Grievance v. Smith
Date: February 3, 2012
Docket Number: 10ag/11
Attorney Grievance v. Smith
Date: February 3, 2012
Docket Number: 10pc/11
D'Aoust v. Diamond  
Date: January 31, 2012
Docket Number: 5/11

Justia Opinion Summary: This case stemmed from the judicial sale of a condominium owned by Petitioner and conducted by two court-appointed trustees that were employed by a law firm (collectively, Respondents). Following the sale, Petitioner fil...

Spangler v. McQuitty  
Date: January 27, 2012
Docket Number: 23/11

Justia Opinion Summary: In McQuitty I, Dylan McQuitty, by and through his parents, successfully sued Ms. McQuitty's physician and his practice (collectively, Spangler) for having failed to obtain Ms. McQuitty's informed consent to treatment, wh...

Attorney Grievance v. Johnson
Date: January 27, 2012
Docket Number: 73ag/11
Meade v. Shangri-La P'ship  
Date: January 26, 2012
Docket Number: 128/08

Justia Opinion Summary: Plaintiff, who had a latex allergy, asked her son's school to use non-powdered latex gloves so Plaintiff could enter the building safely. The school subsequently requested Plaintiff to withdraw her son from the school. P...

Matthews v. State  
Date: January 26, 2012
Docket Number: 20/11

Justia Opinion Summary: Petitioner Elroy Matthews invoked Md. Rule 4-345(a) to challenge the legality of the sentence he received following his plea of guilty to certain charges as part of a plea agreement. Petitioner argued that the sentence w...

Alpha Graphic v. Thompson
Date: January 25, 2012
Docket Number: 112/11
Commc'ns Workers of Am., ALF-CIO v. Pub. Serv. Comm'n of Md.  
Date: January 25, 2012
Docket Number: 39/11

Justia Opinion Summary: Verizon Maryland, a telecommunications company, and the staff of the Public Service Commission (PSC) obtained PSC approval of a global settlement of six pending cases. Verizon employed an alternative form of regulation (...

Motor Vehicle Admin. v. Carpenter  
Date: January 25, 2012
Docket Number: 44/11

Justia Opinion Summary: A police officer was dispatched to investigate a two-car collision, where she determined that one of the cars involved in the collision was owned by Respondent, Dana Carpenter. After a post-crash investigation, the offic...

People's Ins. Counsel Div. v. Allstate Ins. Co.  
Date: January 25, 2012
Docket Number: 60/11

Justia Opinion Summary: The Maryland Insurance Commissioner approved a filing by Allstate Insurance Company and Allstate Indemnity Company (collectively, Allstate) giving notice of its intent to cease writing new property insurance policies in...

Polek v. J.P. Morgan Chase Bank  
Date: January 24, 2012
Docket Number: 24/11

Justia Opinion Summary: The claims in these consolidated cases were largely identical in that they shared similar allegations of violations of the Maryland Secondary Mortgage Loan Law (SMLL), the Maryland Consumer Protection Act (CPA), and comm...

Montgomery Preservation v. MNCPP  
Date: January 24, 2012
Docket Number: 36/11

Justia Opinion Summary: After Petitioners, Montgomery Preservation, Inc. and others, made proper formal requests, the Montgomery County Planning Board of the Maryland-National Capital Park and Planning Commission (MNCPPC) decided not to recomme...

Maddox v. Cohn  
Date: January 24, 2012
Docket Number: 55/11

Justia Opinion Summary: This case arose out of a mortgage foreclosure proceeding involving a residential sale. In the advertisement for the sale, the trustees included an additional condition not found in the mortgage documents or authorized by...

Tshiwala v. State  
Date: January 23, 2012
Docket Number: 108/09

Justia Opinion Summary: After three separate trials for several criminal offenses, Appellant Benoit Tshiwala was sentenced to an aggregate of seventy years in prison. Appellant subsequently filed an application for review of his sentences, and...

Piscatelli v. Smith  
Date: January 23, 2012
Docket Number: 18/11

Justia Opinion Summary: Respondents, the owner of the City Paper and a reporter, published two articles in the City Paper that reported on a double murder. Petitioner, Nicholas Piscatelli, who was mentioned unflatteringly in the articles, perce...

Burson v. Simard  
Date: January 23, 2012
Docket Number: 35/11

Justia Opinion Summary: After an auction sale was ratified, Respondent David Simard defaulted on his contract to purchase the real property in question. Simard admitted liability for the risk and expense of the initial resale, but when the purc...

Clickner v. Magothy River Ass'n  
Date: January 20, 2012
Docket Number: 13/11

Justia Opinion Summary: Six individuals and the Magothy River Association (Appellees), brought suit against the recent purchasers of Dobbins Island (Appellants), seeking to establish a public right to use a beach located alongside the island's...

Application of R. for Admission to the Bar of MD
Date: January 11, 2012
Docket Number: 11m/11
Environmental Integrity Proj. v. Mirant Ash Mgt.
Date: January 9, 2012
Docket Number: 70pc/11
Stop Slots MD v. Bd. of Elections  
Date: January 6, 2012
Docket Number: 87/08

Justia Opinion Summary: In 2007, the house of delegates enacted legislation that proposed a constitutional amendment that would legalize video slot machine gambling in Maryland. During that same session, the state senate initiated companion leg...

DeWolfe v. Richmond  
Date: January 4, 2012
Docket Number: 34/11

Justia Opinion Summary: Plaintiffs, each of whom was arrested for a crime that qualified as a serious offense and requested an attorney to represent him or her at the initial appearance, sought a declaration that they and the class of indigent...

Attorney Grievance v. Kowalsky
Date: January 4, 2012
Docket Number: 62ag/11
The opinions published on Justia State Caselaw are sourced from individual state court sites. These court opinions may not be the official published versions, and you should check your local court rules before citing to them. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or the information linked to on the state site.