Maryland Court of Appeals Decisions 2020

Resignation of Adkins
Date: August 13, 2020
Docket Number: 23ag/20
Reinstatement of Yates
Date: August 13, 2020
Docket Number: 27ag/20
State v. Morrison
Date: August 12, 2020
Docket Number: 56/19
State v. Morrison  
Date: July 28, 2020
Docket Number: 56/19

Justia Opinion Summary: The Court of Appeals affirmed the judgment of the Court of Special Appeals reversing in part Defendant's convictions for involuntary manslaughter, reckless endangerment, and neglect of a minor stemming from the death of...

State v. Day
Date: July 28, 2020
Docket Number: 67pc/19
Berry v. Queen  
Date: July 27, 2020
Docket Numbers: 10m/19, 63 / 19

Justia Opinion Summary: In two cases involving similar underlying facts and an identical legal issue the Court of Appeals held that the phrase "damage to property," incorporated by reference in the uninsured motorist statute, requires an insure...

Steamfitter's Local Union No. 602 v. Erie Insurance Exchange  
Date: July 27, 2020
Docket Number: 40/19

Justia Opinion Summary: The Court of Appeals affirmed the judgment of the Court of Special Appeals affirming the judgment of the trial court in favor of Plaintiffs - a property owner, its insurers, and the subrogee of another property owner - a...

Lewis v. State  
Date: July 27, 2020
Docket Number: 44/19

Justia Opinion Summary: The Court of Appeals held that the odor of marijuana on or about a person, without more, does not provide law enforcement officers with probable cause to arrest and perform a warrantless search of that person incident to...

Motor Vehicle Administration v. Geppert  
Date: July 27, 2020
Docket Number: 61/19

Justia Opinion Summary: The Court of Appeals held that a circuit court asked to enforce an administrative order based on a final administrative decision under the State Administrative Procedure Act (APA) is not precluded from considering whethe...

7222 Ambassador Road, LLC v. National Center on Institutions & Alternatives, Inc.  
Date: July 27, 2020
Docket Number: 66/19

Justia Opinion Summary: The Court of Appeals dismissed this appeal concerning compliance with the law governing Maryland LLCs, holding that this appeal was not properly before the Court. Petitioner 7222 Ambassador Road, LLC initiated this acti...

Resignation of Bierwirth
Date: July 24, 2020
Docket Number: 101ag/19
Plank v. Cherneski  
Date: July 14, 2020
Docket Number: 3m/19

Justia Opinion Summary: The Court of Appeals held that an independent cause of action exists for breach of fiduciary duty and that, to establish a breach of fiduciary duty, a plaintiff must demonstrate the existence of a fiduciary relationship,...

State v. Frazier  
Date: July 14, 2020
Docket Number: 45/19

Justia Opinion Summary: The Court of Appeals held that, under the merger rule articulated in State v. Lancaster, 631 A.2d 453 (Md. 1993), offenses and their sentences merge for purposes of sentencing, and therefore, Defendant's convictions for...

State v. Day  
Date: July 10, 2020
Docket Number: 67/19

Justia Opinion Summary: The Court of Appeals remanded this case, without affirming or reversing, to the court of special appeals with instruction to explain the basis of its order reversing the circuit court's judgment denying postconviction re...

Hemming v. State
Date: July 6, 2020
Docket Number: 48/19
Barclay v. Castruccio  
Date: June 30, 2020
Docket Number: 30/19

Justia Opinion Summary: The Court of Appeals recognized the tort of intentional interference with a prospective gift or inheritance and adopted the standards set forth in Section 19 of the Third Restatement of Torts. Petitioner, the residuary...

Aleman v. State  
Date: June 30, 2020
Docket Number: 60/19

Justia Opinion Summary: The Court of Appeals affirmed the opinion of the Court of Special Appeals affirming the circuit court's denial of Petitioner's petition for a writ of habeas corpus, holding that Maryland lacked jurisdiction over Petition...

Funes v. State  
Date: June 30, 2020
Docket Number: 65/19

Justia Opinion Summary: In this criminal case in which Defendant was charged with various drunk driving offenses the Court of Appeals reversed the judgment of the trail court denying Defendant's motions in limine to exclude field sobriety tests...

Attorney Grievance v. Smith-Scott
Date: June 29, 2020
Docket Number: 8ag/18
Hemming v. State  
Date: June 26, 2020
Docket Number: 48/19

Justia Opinion Summary: The Court of Appeals held that the bifurcated hybrid trial procedure split between two factfinders is not permitted under Maryland Rule 4-253(c) and is inconsistent with this Court's holding in Carter v. State, 824 A.2d...

Attorney Grievance v. Markey & Hancock
Date: June 26, 2020
Docket Number: 5ag/19
Attorney Grievance v. Hoerauf
Date: June 26, 2020
Docket Number: 7ag/19
Attorney Grievance v. Lysczek
Date: June 24, 2020
Docket Number: 103ag/19
Attorney Grievance v. Herischi
Date: June 22, 2020
Docket Number: 104ag/19
Attorney Grievance v. Rosenberg
Date: June 22, 2020
Docket Number: 105ag/19
Attorney Grievance v. Kardian
Date: June 10, 2020
Docket Number: 100ag/19
Greene v. State  
Date: June 9, 2020
Docket Number: 7/19

Justia Opinion Summary: The Court of Appeals affirmed the judgment of the Court of Special Appeals holding that a police-initiated procedure resulting in the identification of Defendant was not governed by constitutional criminal procedure law...

Attorney Grievance v. Collins
Date: June 8, 2020
Docket Number: 8ag/19
Reinstatement of Lipman
Date: June 8, 2020
Docket Number: 96ag/19
Attorney Grievance v. Zipin
Date: June 8, 2020
Docket Number: 98ag/19
Wynne v. Comptroller of Maryland  
Date: June 5, 2020
Docket Number: 12/19

Justia Opinion Summary: The Court of Appeals affirmed the decision of the circuit court holding that the General Assembly's amendment of the Maryland tax code authorizing the State Comptroller to pay refunds to taxpayers affected by a provision...

Hoang v. Lowery  
Date: June 5, 2020
Docket Number: 17/19

Justia Opinion Summary: The Court of Appeals reversed the judgment of the Court of Special Appeals reversing the judgment of the circuit court quashing Respondent's writ of garnishment, holding that Md. Code Ann. Cts. & Jud. Proc. (CJ) 5-102(a)...

Estate of Blair v. Austin  
Date: June 3, 2020
Docket Number: 35/19

Justia Opinion Summary: The Court of Appeals reversed the judgment of the Court of Special Appeals reversing the circuit court's judgment awarding damages to the Estate of Jeffrey Blair after finding that Baltimore City Police Officer David Aus...

Estate of Blair v. Austin
Date: June 2, 2020
Docket Number: 35/19
Gables Construction v. Red CoatsGables Construction, Inc. v. Red Coats, Inc.  
Date: May 26, 2020
Docket Number: 23/19

Justia Opinion Summary: The Court of Appeals held that where a waiver of subrogation precludes liability to an injured party, a third-party defendant does not fall within the definition of a "joint tortfeasor" under the Maryland Uniform Contrib...

In re Bernard L. Collins  
Date: May 26, 2020
Docket Number: 49/19

Justia Opinion Summary: The Court of Appeals affirmed the conclusion of the Court of Special Appeals that the release Bernard Collins provided in settlement of his workers' compensation claims did not bar Peggy Collins from asserting her indepe...

Attorney Grievance v. Powers
Date: May 22, 2020
Docket Number: 81ag/19
Attorney Grievance v. Lord
Date: May 22, 2020
Docket Number: 92ag/19
Attorney Grievance v. Langrall
Date: May 22, 2020
Docket Number: 95ag/19
Attorney Grievance v. Rowland
Date: May 18, 2020
Docket Number: 94ag/19
Attorney Grievance v. Rowland
Date: May 15, 2020
Docket Number: 94ag/19
Mayor & City Council of Baltimore v. Prime Realty Associates, LLC  
Date: May 12, 2020
Docket Number: 53/19

Justia Opinion Summary: The Court of Appeals reversed the order of the circuit court invalidating, on due process grounds, an order ratifying the sale of Prime Realty's vacant property, holding that Maryland Rule 3-124(o), which allows for subs...

Sample v. State  
Date: May 11, 2020
Docket Number: 54/19

Justia Opinion Summary: The Court of Appeals affirmed Defendant's conviction of attempted robbery with a dangerous weapon and other crimes, holding that the circuit court did not abuse its discretion in admitting social media evidence because t...

Attorney Grievance v. Murray
Date: May 8, 2020
Docket Number: 90ag/19
Nationwide Mutual Insurance Co. v. Shilling  
Date: May 7, 2020
Docket Number: 38/19

Justia Opinion Summary: The Court of Appeals held that the statute of limitations begins to run in an underinsured motorist claim against an insurer when the insurer breaches the contract to provide underinsured motorist benefits by denying the...

Couret-Rios v. Fire & Police Employees' Retirement System of City of Baltimore  
Date: May 1, 2020
Docket Number: 36/19

Justia Opinion Summary: The Court of Appeals agreed with the judgment of the hearing examiner granting line-of-duty (LOD) retirement benefits to Petitioner, a retired Baltimore City police officer, based on a finding of fact that Petitioner suf...

Bratt v. State  
Date: April 28, 2020
Docket Number: 39/19

Justia Opinion Summary: The Court of Appeals affirmed the decision of the Court of Special Appeals reversing the judgment of the circuit court granting Petitioner's motion to correct an illegal sentence after Petitioner's earlier filed petition...

Faulkner v. State  
Date: April 27, 2020
Docket Number: 42/19

Justia Opinion Summary: The Court of Appeals reversed the decision of the Court of Special Appeals affirming the circuit court's judgment denying the petitions for writs of actual innocence filed by David Faulkner and Jonathan Smith under Md. C...

Shannon v. State  
Date: April 24, 2020
Docket Number: 46/19

Justia Opinion Summary: The Court of Appeals affirmed Defendant's conviction for, among other charges, unlawful possession of a regulated firearm by a person who had previously been convicted of a predicate offense, holding the indictment provi...

Maryland Reclamation Associates, Inc. v. Harford County, Maryland  
Date: April 24, 2020
Docket Number: 52/19

Justia Opinion Summary: The Court of Appeals held that, under exhaustion of administrative remedies jurisprudence, a landowner may not withhold a claim alleging an unconstitutional taking arising from the application of a zoning regulation from...

Baltimore City Police Department v. Potts  
Date: April 24, 2020
Docket Number: 51/19

Justia Opinion Summary: In these two cases arising from two instances of police misconduct the Court of Appeals held that the police officers were acting within the scope of their employment, and therefore, the City of Baltimore was responsible...

Attorney Grievance v. Hoerauf
Date: April 24, 2020
Docket Number: 7agpc/19
State v. Zadeh
Date: April 20, 2020
Docket Number: 25/19
Nationwide Mutual Insurance Co. v. Shilling  
Date: April 20, 2020
Docket Number: 38/19

Justia Opinion Summary: The Court of Appeals held that the statute of limitations begins to run on an underinsured motorist claim when the insurer breaches the contract to provide underinsured motorist benefits by denying the insured's claim, t...

In Re: J.B., L.H., L.S., R.P., etc.
Date: April 10, 2020
Docket Number: 19m/19
In Re: The Petition of The Lifer Family Support Network
Date: April 10, 2020
Docket Number: 20m/19
Attorney Grievance v. Bah
Date: April 10, 2020
Docket Number: 3ag/19
Rossello v. Zurich American Insurance Co.  
Date: April 3, 2020
Docket Number: 24/19

Justia Opinion Summary: In this case brought against an insurer in Plaintiff's attempt to collect on a judgment in his favor in a strict liability and negligent failure to warn action, the Court of Appeals held that damages from a continuous bo...

State v. Zadeh  
Date: April 3, 2020
Docket Number: 25/19

Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals reversing Defendant's conviction of second-degree murder, holding that non-mutually admissible evidence was admitted at trial, prejudicing Defend...

Attorney Grievance v. Sklar
Date: April 2, 2020
Docket Number: 79ag/19
Peterson v. State  
Date: March 31, 2020
Docket Number: 14/19

Justia Opinion Summary: The Court of Appeals affirmed the judgment of the Court of Special Appeals affirming the ruling of the circuit court denying both Appellant's request for post-conviction relief under the Post-Conviction Procedure Act (UP...

Rogers v. State  
Date: March 31, 2020
Docket Number: 32/19

Justia Opinion Summary: The Court of Appeals reversed the judgment of the Court of Special Appeals reversing the order of the circuit court declaring that Defendant, who pled guilty to sex trafficking, was not required to register as a Tier II...

Attorney Grievance v. Bailey
Date: March 30, 2020
Docket Number: 78ag/19
Attorney Grievance v. Hensley
Date: March 27, 2020
Docket Number: 65ag/18
State v. Alexander  
Date: March 26, 2020
Docket Number: 1/19

Justia Opinion Summary: In this case concerning the discretion of a court to dismiss a probation violation petition and to terminate probation the Court of Appeals held that the circuit court had discretion to terminate Defendant's probation be...

Pettiford v. Next Generation Trust Service  
Date: March 26, 2020
Docket Number: 34/19

Justia Opinion Summary: In this summary ejectment proceeding, the Court of Appeals reversed the judgment of the circuit court affirming the judgment of the district court precluding Tenant from asserting and litigating defenses under the implie...

Attorney Grievance v. Capristo
Date: March 20, 2020
Docket Number: 77ag/19
Attorney Grievance v. Dailey
Date: March 18, 2020
Docket Number: 1ag/19
Attorney Grievance v. Bah
Date: March 12, 2020
Docket Number: 3agpc/19
Attorney Grievance v. Kane
Date: March 9, 2020
Docket Number: 27ag/19
Pinner v. Pinner  
Date: March 3, 2020
Docket Number: 16/19

Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals reversing the circuit court's decision determining that it had personal jurisdiction over Defendant and entering a judgment in favor of Plaintiff...

Linton v. Consumer Protection Division  
Date: March 3, 2020
Docket Number: 33/19

Justia Opinion Summary: The Court of Appeals vacated the judgment of the court of special appeals and remanded with directions to reverse the judgment of the circuit court certifying a settlement class and approving a settlement reached by the...

Attorney Grievance v. Milton
Date: March 3, 2020
Docket Number: 44ag/18
Soule v. State
Date: March 2, 2020
Docket Number: 72pc/19
Neal v. Baltimore City Board of School Commissioners  
Date: February 28, 2020
Docket Number: 21/19

Justia Opinion Summary: In this appeal concerning whether a school board was liable for a judgment against its employee when the board was dismissed from the case prior to trial the Court of Appeals held that, under Md. Cts. & Jud. Proc. 5-518,...

Attorney Grievance v. Hull
Date: February 28, 2020
Docket Number: 24ag/19
McFarland v. Balt. Community Lending
Date: February 28, 2020
Docket Number: 27/19
Attorney Grievance v. Moir
Date: February 28, 2020
Docket Number: 52ag/19
Attorney Grievance v. Yates
Date: February 28, 2020
Docket Number: 53ag/18
Attorney Grievance v. Planta
Date: February 28, 2020
Docket Number: 62ag/18
Attorney Grievance v. Silber
Date: February 28, 2020
Docket Number: 66ag/19
Johnson v. State  
Date: February 28, 2020
Docket Number: 9/19

Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals affirming Defendant's convictions of volume possession of a controlled dangerous substance under Md. Code Crim. Law (CR) 5-612, holding that CR 5...

Attorney Grievance v. Biggs
Date: February 11, 2020
Docket Number: 12ag/19
Attorney Grievance v. Hensley
Date: February 6, 2020
Docket Number: 65agpc/18
Simms v. Maryland Department of Health  
Date: January 30, 2020
Docket Number: 20/19

Justia Opinion Summary: The Court of Appeals held that Md. Code Crim. Proc. (CP) 3-121(e), which sets forth the process for issuing a hospital warrant and recommitment pending a hearing on a petition for revocation or modification, does not vio...

Attorney Grievance v. Miller
Date: January 29, 2020
Docket Number: 40ag/18
Andrews & Lawrence Professional Services, LLC v. Mills  
Date: January 28, 2020
Docket Number: 5/19

Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals reversing the decision of the circuit court entering judgment as a matter of law against Plaintiffs on their Consumer Protection Act (CPA) and Ma...

Goshen Run Homeowners Ass'n v. Cisneros  
Date: January 27, 2020
Docket Number: 3/19

Justia Opinion Summary: The Court of Appeals affirmed in part and reversed in part the judgment of the circuit court, holding that a confessed judgment is not an enforcement tool that an homeowners association (HOA) has at its disposal when see...

Kazadi v. State  
Date: January 24, 2020
Docket Number: 11/19

Justia Opinion Summary: The Court of Appeals reversed the judgment of the court of special appeals affirming Defendant's conviction of first-degree murder and other offenses, holding that this Court's holding as to voir dire questions in Twinin...

Motor Vehicle Administration v. Barrett  
Date: January 24, 2020
Docket Number: 22/19

Justia Opinion Summary: In this case involving application of Maryland's "implied consent" statute, Md. Code Ann., Trans. (TR) 16-205.1(b), the Court of Appeals held that Defendant was fully advised of his rights under TR 16-205.1(b)(1) despite...

Attorney Grievance v. Rheinstein
Date: January 24, 2020
Docket Number: 77ag/15
Lee v. Lee  
Date: January 23, 2020
Docket Number: 13/19

Justia Opinion Summary: The Court of Appeals affirmed the judgment of the Court of Special Appeals denying a motion to dismiss an appeal, holding that, to constitute an effective judgment under Maryland Rule 2-601 and start the thirty-day appea...

Attorney Grievance v. Lovejoy
Date: January 23, 2020
Docket Number: 39ag/19
Attorney Grievance v. Williams
Date: January 23, 2020
Docket Number: 61ag/19
Tunnell v. State  
Date: January 16, 2020
Docket Number: 28/19

Justia Opinion Summary: The Court of Appeals affirmed Defendant's conviction for murder and firearms offenses, holding that the administrative judge did not abuse his discretion in finding good cause for the continuance of the trial date. Unde...

Petition for Reinstatement of Needleman
Date: January 13, 2020
Docket Number: 18ag/18
Attorney Grievance v. Smith-Scott
Date: January 10, 2020
Docket Number: 8agpc/18
Attorney Grievance v. Bagheri
Date: January 9, 2020
Docket Number: 10ag/19
Attorney Grievance v. Brown
Date: January 9, 2020
Docket Number: 57ag/19
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