Maryland Court of Appeals Decisions 2014
Date: December 18, 2014
Docket Number: 20/14
Justia Opinion Summary: The State charged Petitioner with several crimes, including violating Maryland’s trademark counterfeiting statute, Md. Code Ann. Crim. Law (CR) 8-611. Petitioner field a motion to dismiss the charges for violating CR…
Date: December 11, 2014
Docket Number: 85/13
Justia Opinion Summary: Joseph Payne and Jason Bond were convicted in a joint trial of first degree murder and kidnapping. The Supreme Court vacated the judgment of the circuit court and remanded the case for a new trial, holding (1) the trial…
Date: November 26, 2014
Docket Numbers: 16/14, 17/14
Justia Opinion Summary: After a jury trial, Petitioners Traimne Allen and Howard Diggs were convicted of attempted first degree murder and related offenses stemming from a home invasion and robbery. Petitioners appealed, arguing that the trial…
Date: November 21, 2014
Docket Number: 102/13
Justia Opinion Summary: In 1980, Appellant was convicted of first degree sex offense, kidnapping of a child under sixteen years of age, and assault and battery. In 2011, Appellant filed a pro se motion for new trial, later referred to as a…
Date: November 21, 2014
Docket Number: 18/14
Justia Opinion Summary: In 2009, Charles Williams, who had been suffering with suicidal ideation and auditory and visual hallucinations, went to a hospital emergency room. Health care providers examined and evaluated Williams, decided not to…
Date: November 20, 2014
Docket Number: 15/14
Justia Opinion Summary: Defendant was criminally charged with failing to perform home improvement contracts and acting as a contractor without a license. Three separate home improvement contracts with different residents formed the basis of the…
Date: November 20, 2014
Docket Number: 4/14
Justia Opinion Summary: Several plaintiffs (Plaintiffs) asserted claims against one defendant, and one plaintiff asserted a claim against a second defendant. The circuit court awarded summary judgment for the first defendant against all…
Date: November 19, 2014
Docket Number: 14/14
Justia Opinion Summary: After a jury trial, Defendant was convicted of several criminal offenses, including second-degree assault of the intent-to-frighten type against Christine Johnson. The court of special appeals affirmed. Defendant…
Date: November 19, 2014
Docket Number: 97/13
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree rape and first-degree sexual offense. The court of appeals affirmed. Defendant filed a petition for a writ of certiorari, which the Court of Appeals granted,…
Date: October 23, 2014
Docket Number: 2/14
Justia Opinion Summary: At issue in this case was whether a borrower may rescind a loan that has not been consummated pursuant to the federal Truth in Lending Act (TILA). Prior to closing on a home refinancing loan, Respondent submitted to the…
Date: October 23, 2014
Docket Number: 99/13
Justia Opinion Summary: An Employer appealed from a decision of the Workers’ Compensation Commission (Commission) ordering Employer to pay additional temporary total disability benefits to Employee, who was injured during his employment. After…
Date: October 22, 2014
Docket Number: 111031115-22
Justia Opinion Summary: Respondent was charged with sexual abuse of a minor and related offenses. Prior to trial, Respondent sought, by means of a subpoena duces tecum, access to the victim’s mental health records. The trial court denied…
Date: August 27, 2014
Docket Number: 13/13
Justia Opinion Summary: In 1995, Petitioner was convicted of first-degree murder and the use of a firearm in the commission of a felony. In 2006, the Supreme Court determined in Clemons v. State that, under the Frye-Reed standard, Comparative…
Date: August 27, 2014
Docket Number: 46/13
Justia Opinion Summary: After a jury trial, Petitioner was convicted of one count each of first degree rape, second degree rape, second degree assault, and false imprisonment. The court of special appeals affirmed. The Court of Appeals affirmed…
Date: August 27, 2014
Docket Number: 69/12
Justia Opinion Summary: Two years after she was raped, the victim reported her suspicion that Petitioner was the rapist. Petitioner went to the police station for an interview but refused to provide a DNA sample. After Petitioner left the…
Date: August 27, 2014
Docket Number: 98/13
Justia Opinion Summary: After Respondent’s employment with a corporation was terminated, she sued the corporation and her sibling business partner, alleging that she was terminated without cause in violation of her employment agreement. The…
Date: August 18, 2014
Docket Number: 63/13
Justia Opinion Summary: Nordstrom, Inc. created several subsidiary corporations, including NIHC, Inc., which engaged in a series of transactions, with each other and with Nordstrom, involving the licensing rights to Nordstrom’s trademarks. The…
Date: August 13, 2014
Docket Number: 86/13
Justia Opinion Summary: At issue in this case were two of Maryland’s wage enforcement laws: the Wage and Hour Law (WHL) and the Wage Payment and Collection Law (WPCL). Following her departure from her place of employment Plaintiff sued her…
Date: August 4, 2014
Docket Number: 77/13
Justia Opinion Summary: In 2000, DCW Dutchship Island, LLC (DCW), a corporation wholly owned by Daryl Wagner, purchased the Little Island in the Magothy River. At that time, the Island measured approximately 1.92 acres in area and was improved…
Date: July 29, 2014
Docket Number: 96/13
Justia Opinion Summary: The Fraternal Order of Police, Lodge No. 4 (the FOP), the bargaining agent for covered Baltimore County police employees, submitted to the Baltimore County’s Director of Human Resources (Director) an unfair labor…
Date: July 22, 2014
Docket Number: 82/13
Justia Opinion Summary: The question before the Court of Appeals in these three consolidated cases was the appropriate method for crediting payments made under a workers’ compensation award when that award is increased on appeal. At issue was…
Date: July 22, 2014
Docket Number: 94/13
Justia Opinion Summary: Plaintiff, the owner and operator of a used car business, filed an action against two Baltimore City police officers, claiming that the two officers, along with several other officers, had entered private property…
Date: July 21, 2014
Docket Number: 11m/13
Justia Opinion Summary: Appellant used NVR Mortgage Finance, Inc. to apply for a mortgage and paid NVR Mortgage a broker fee. More than three but fewer than twelve years later, Appelalnt sued NVR Mortgage and NVR, Inc. (collectively, NVR) for…
Date: July 21, 2014
Docket Number: 84/13
Justia Opinion Summary: At issue in this case was whether apportionment of damages is appropriate in the wrongful death and asbestos litigation context and whether a “use plaintiff” - a plaintiff for whom an action is brought in another’s name…
Date: July 21, 2014
Docket Number: 89/13
Justia Opinion Summary: After Elms Construction Company, owned by Richard Elms (Elms), began installing windows and doors for Renewal by Anderson (Renewal), Elms fell from a ladder and injured his right foot. Elms filed a workers’ compensation…
Date: July 21, 2014
Docket Number: 93/13
Justia Opinion Summary: The Driver License Compact is an interstate agreement that requires party states to report all convictions of an out-of-state driver to the state that issued the driver a license to operate a motor vehicle. For certain…
Date: July 18, 2014
Docket Number: 87/13
Justia Opinion Summary: This case concerned a request for certain public records for specific nutrient management plans (NMP) of various private farming operations. Waterkeeper Alliance, Inc. (WKA) submitted the requests, without success, to…
Date: July 18, 2014
Docket Number: 90/13
Justia Opinion Summary: Ex-Wife and Husband entered into a property settlement agreement that included an allocation of future benefits from the retirement plan sponsored by Husband’s employer. The agreement implied that Husband’s retirement…
Date: June 30, 2014
Docket Number: 1m/13
Justia Opinion Summary: In Doe I, the Supreme Court held that the retroactive application of the provisions in the Maryland sex offender registration statute that the Court deemed punitive violated the prohibition against ex post facto laws in…
Date: June 24, 2014
Docket Number: 79/13
Justia Opinion Summary: David Springer was sued by J.G. Wentworth Originations, LLC for, inter alia, engaging in false and misleading advertising, defamation, and false light. Springer was insured under an insurance policy issued by Erie…
Date: June 24, 2014
Docket Number: 81/13
Justia Opinion Summary: Appellant owned property located within the heart of a planned development. The City of Baltimore sought to condemn the property. When the City and Appellant were unable to agree upon a price to be paid for the property,…
Date: June 23, 2014
Docket Number: 43/13
Justia Opinion Summary: Petitioners obtained a loan from a Lender by taking out a second mortgage on their residence secured by a deed of trust on that property. The Lender sold the loan to another entity, to whom it assigned the loan…
Date: June 20, 2014
Docket Number: 110/13
Justia Opinion Summary: Claudia Natalie Cabrera sought the nomination of the Maryland Democratic Party for the office of delegate in the June 2014 gubernatorial primary election, but when she tendered for filing a certificate of candidacy she…
Date: June 20, 2014
Docket Number: 60/13
Justia Opinion Summary: Defendant was charged with one count of murder in the first degree. The case proceeded to trial. During the jury’s deliberations and at 5 p.m. on the Friday before a three-holiday weekend, the foreperson of the jury…
Date: June 20, 2014
Docket Number: 78/13
Justia Opinion Summary: In each of these two consolidated cases, plaintiffs brought a negligence action against landlords to recover for injuries resulting from lead paint poisoning. Both plaintiffs relied on circumstantial, rather than direct,…
Date: June 19, 2014
Docket Number: 30/13
Justia Opinion Summary: Jai Medical Systems Managed Care Organization, Inc. (JaiMCO) is an entity that contracts with health care providers to provide health care services to patients enrolled in the State Medicaid program. Dr. Steven Bennett…
Date: May 21, 2014
Docket Number: 52/13
Justia Opinion Summary: This case centered on the implied consent, administrative per se law (“Law”), under which a suspected drunk driver may choose either to take or to refuse a breath test to measure blood alcohol concentration. A test…
Date: May 19, 2014
Docket Number: 102/11
Justia Opinion Summary: Joy Friolo was hired by Douglas Frankel, a physician, to handle his billing and collections. After Friolo was discharged, she filed a complaint against Frankel and his practice, claiming that Frankel did not pay her for…
Date: May 19, 2014
Docket Number: 62/13
Justia Opinion Summary: Petitioner, a native of Ghana who arrived in the United States four years prior to his conviction, was convicted of sexual abuse of a minor, second degree rape, and third degree sexual offense. On appeal, Petitioner…
Date: May 19, 2014
Docket Number: 64/13
Justia Opinion Summary: Plaintiffs, debt buyers, filed separate small claims actions to recover money damages against Defendants. Plaintiffs demanded judgment on affidavit, and Defendants filed notices of intention to defend. After a trial on…
Date: May 19, 2014
Docket Number: 66/13
Justia Opinion Summary: In 2009, Trans Healthcare, Inc. (THI) filed a petition requesting that an individual and his firm be appointed as receiver over THI and forty-three related entities. THI’s petition was granted. Approximately eighteen…
Date: May 16, 2014
Docket Number: 75/13
Justia Opinion Summary: In 2008, twenty-two days before his death, Decedent amended his 2007 Living Trust. Petitioner, Decedent’s daughter, filed a complaint for inspection of records questioning the validity of the 2008 Living Trust.…
Date: April 28, 2014
Docket Number: 55/13
Justia Opinion Summary: Three-year-old Christopher Paul suffered severe injuries after nearly drowning in a pool at an apartment complex near his parents’ home. Christopher’s mother filed a complaint against the owner and manager of the…
Date: April 24, 2014
Docket Number: 57/13
Justia Opinion Summary: Respondents, the estate of Anthony Fusco and Anthony's surviving children and widow, filed survival and wrongful death actions against Petitioners, Dr. Kevin Shannon and his medical practice (together, “Dr. Shannon”) for…
Date: April 24, 2014
Docket Number: 58/13
Justia Opinion Summary: Petitioner, a homicide detective with the Baltimore City Police Department, was involved in an incident with the Baltimore City Police, which resulted in Petitioner being charged with seven violations of four…
Date: April 23, 2014
Docket Number: 54/13
Justia Opinion Summary: Defendants in this case were charged with criminal offenses, and both defendants waived their right to a jury trial. After bench trials, Defendants were found guilty and sentenced. Each defendant appealed, challenging…
Date: April 23, 2014
Docket Number: 61/13
Justia Opinion Summary: After a bench trial, Defendant was convicted of first, third, and fourth degree burglary, theft under $1000, and malicious destruction of property having a value of less than $500. Defendant appealed, challenging the…
Date: April 23, 2014
Docket Number: 71/13
Justia Opinion Summary: Petitioner was charged with two counts each of possession of cocaine and distribution of cocaine. On the day of trial, Petitioner waived his right to a jury. Petitioner then pled not guilty as to one of the distribution…
Date: April 22, 2014
Docket Number: 41/13
Justia Opinion Summary: After a jury trial, Petitioner, a dentist, was convicted of various sexual crimes against a minor patient. In the circuit court, while self-represented, Petitioner filed a petition for DNA testing, requesting that the…
Date: April 18, 2014
Docket Number: 67/13
Justia Opinion Summary: In 2011, the Montgomery County Council adopted Resolution No. 17-149 (Resolution), which “changed” three contract provisions for fiscal year 2012 in the pre-existing collectively-bargained agreement (CBA) with members of…
Date: March 27, 2014
Docket Number: 12/13
Justia Opinion Summary: At issue in this case was the State Center Project, a $1.5 billion redevelopment project intended to revitalize property owned by the State in Baltimore. In 2005, the State issued a public request for qualifications to…
Date: March 27, 2014
Docket Number: 15/13
Justia Opinion Summary: Victoria was declared a child in need of assistance after her father, George, would not allow her return to the home he shared with his wife, Kieran, and their two children, Lance and Evan. Victoria later sought…
Date: March 26, 2014
Docket Number: 18/13
Justia Opinion Summary: Amafica Woodland lived in a residence owned and managed by the Housing Authority of Baltimore City (“HABC”) from her birth in 1995 until her mother and grandmother vacated the residence in 1997. In 2009, Woodland sued…
Date: March 26, 2014
Docket Number: 56/13
Justia Opinion Summary: Plaintiff was an hourly employee of Safeway, Inc. In 2010, in response to two writs of garnishment issued by the district court, Safeway deducted an excess of $29.64 from Plaintiff’s wages. Plaintiff subsequently filed a…
Date: March 25, 2014
Docket Number: 53/13
Justia Opinion Summary: After a jury trial, Defendant was convicted of armed carjacking and other crimes. On appeal, Defendant argued that the circuit court abused its discretion by giving an “anti-CSI effect” jury instruction. The court of…
Date: March 24, 2014
Docket Number: 36/13
Justia Opinion Summary: In 2006, the Comptroller of Maryland issued assessments of tax and interest against Petitioners, two out-of-state subsidiary corporations, based on Petitioners’ relationship with their Maryland parent, Petitioners’…
Date: March 24, 2014
Docket Number: 45/13
Justia Opinion Summary: In two separate cases, Petitioner was convicted of second-degree murder and two counts of solicitation to obstruct justice, among other offenses. The cases were consolidated for appeal, and the court of special appeals…
Date: March 21, 2014
Docket Number: 59/13
Justia Opinion Summary: Prince George’s County enacted a resolution creating the Victoria Falls Special Taxing District (District) under authority granted by a State enabling act (Act). Taxpayers challenged the resolution and sought tax…
Date: March 5, 2014
Docket Number: 34/13
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of two counts of first-degree murder and related offenses. Petitioner appealed the denial of his motion to suppress the contents of a storage locker belonging to him,…
Date: March 5, 2014
Docket Number: 35/13
Justia Opinion Summary: Petitioner was charged with certain traffic offenses in the district court. The district court acquitted Petitioner as to the charge of disobeying a lawful order or direction of a police officer but convicted Petitioner…
Date: March 4, 2014
Docket Number: 10/13
Justia Opinion Summary: Ember Buckley was a passenger in a motor vehicle driven by Harvey Betts when the vehicle was involved in an accident. Buckley, who sustained injuries in the accident, settled with GEICO, Betts’ insurer, for the full…
Date: February 27, 2014
Docket Number: 42/13
Justia Opinion Summary: Defendant was charged with misuse of telephone facilities and harassment. Prior to the start of trial, Defendant’s public defender informed the court: “Your Honor, on behalf of [Defendant], I’d request a postponement. He…
Date: February 26, 2014
Docket Number: 48/13
Justia Opinion Summary: After she was injured in a motor vehicle accident, Petitioner filed suit against Charles Serio, the tortfeasor. Petitioner’s motor vehicle insurer, GEICO, with whom Petitioner had underinsured motorist (“UM”) coverage,…
Date: February 26, 2014
Docket Number: 8/13
Justia Opinion Summary: At issue in this case was Chapter 286 of the 2007 Session Laws of Maryland. The legislation revised existing law by replacing ejectment with a lien-and-foreclosure process for defaulting lessees of ground leases when…
Date: February 25, 2014
Docket Number: 39/12
Justia Opinion Summary: This case concerned a dispute over the paving of a parking lot located on park land leased to a restaurant. A formal agreement between the restaurant and a community organization restricted the paving of the property,…
Date: February 24, 2014
Docket Number: 3/13
Justia Opinion Summary: Appellant financed the purchase of a car over time pursuant to a loan contract. The car dealer assigned the contract to Appellee, a financial services company. Because Appellant stopped making payments before the loan…
Date: February 24, 2014
Docket Number: 31/13
Justia Opinion Summary: A holding company, whose subsidiaries owned power-generating facilities, filed a complaint against multiple insurers regarding the terms of liability policies the company purchased in the 1970s and 1980s. At issue in…
Date: February 21, 2014
Docket Number: 49/13
Justia Opinion Summary: The State charged Petitioner with various drug-related crimes. Petitioner’s co-defendant filed three proposed voir dire questions asking whether any prospective juror had ever been the victim of a crime or a member of a…
Date: February 21, 2014
Docket Number: 50/13
Justia Opinion Summary: Wife and Husband married in 2003. In 2005 and 2008, Wife and Husband executed marital settlement agreements. In 2009, Husband filed a complaint for divorce, alleging that the separation agreements were voidable at his…
Date: February 21, 2014
Docket Number: 51/13
Justia Opinion Summary: After a jury trial, Petitioner was convicted of second degree murder, two counts of attempted second degree murder, and related weapons offenses. The court of special appeals affirmed. During the trial, defense counsel…
Date: February 3, 2014
Docket Number: 37/13
Justia Opinion Summary: After a jury trial, Petitioner was convicted of distribution of cocaine and conspiracy to distribute cocaine. The sentencing judge imposed a twenty-five-year mandatory enhanced sentence without the possibility of parole…
Date: January 28, 2014
Docket Number: 39/13
Justia Opinion Summary: Petitioner was a paid firefighter employed by Respondent, Montgomery County. Petitioner filed a claim pursuant to the Maryland Workers’ Compensation Act, claiming that he sustained injuries in an accident that occurred…
Date: January 27, 2014
Docket Number: 11/13
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of conspiracy to commit first degree burglary and sentenced to ten years’ incarceration. On appeal, Petitioner argued, among other things, that the trial court erred by…
Date: January 27, 2014
Docket Number: 96/12
Justia Opinion Summary: Plaintiffs were employees of a State psychiatric hospital who had been laid off and were not rehired in order of seniority when the hospital later filled vacancies for positions comparable to those previously occupied by…
Date: January 24, 2014
Docket Number: 33/13
Justia Opinion Summary: After a jury trial, Petitioner was convicted of theft of property valued in excess of $100,000 and related offenses stemming from his unauthorized occupancy of a home for approximately seven months. Defendant appealed…