Maryland Court of Appeals Decisions 2021
Date: December 28, 2021
Docket Number: 21/21
Justia Opinion Summary: The Court of Appeals held that this Court's holding in Kazadi v. State, 223 A.3d 554 (2020), applies to cases in which a defendant had not yet noted an appeal when the opinion was issued in Kazadi but had preserved a…
Date: December 21, 2021
Docket Number: 12/21
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals reversing the circuit court's judgment in favor of Plaintiff in this personal injury case, holding that the court of special appeals did not err…
Date: December 21, 2021
Docket Number: 4/21
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals affirming Defendant's conviction of illegal possession of a firearm, holding that there was no error. Specifically, the Court of Appeals held…
Date: December 20, 2021
Docket Number: 21/21
Justia Opinion Summary: The Court of Appeals reversed the judgment of the court of appeals affirming Defendant's conviction of first-degree murder, holding that this Court's holding in Kazadi v. State, 223 A.3d 554 (Md. 2020), applies to cases…
Date: December 17, 2021
Docket Number: 20/21
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals reversing the judgment of the circuit court denying Respondents' motion to dismiss Petitioner's petition for judicial review of the decision of…
Date: December 17, 2021
Docket Number: 3/21
Justia Opinion Summary: The Court of Appeals affirmed Petitioner's convictions of perjury and misconduct in office, holding that this Court declines to abrogate the two-witness rule for "oath-against-oath" perjury cases and that there was…
Date: December 17, 2021
Docket Number: 9/21
Justia Opinion Summary: The Court of Appeals held that an administrative law judge (ALJ) with the Maryland Office of Administrative Hearings erred in declining Petitioner's request to be represented by counsel at an administrative hearing…
Date: November 30, 2021
Docket Number: 1m/21
Justia Opinion Summary: In this case involving the method for determining an apartment tenant's utility bill, the Court of Appeals held that the approval requirements stated in Md. Code Pub. Util. (PU) 7-304 are applicable to all energy…
Date: November 29, 2021
Docket Number: 1/21
Justia Opinion Summary: The Supreme Court determined that the Legislature, through its enactment of a comprehensive statutory framework governing residential landlord and tenant relations, achieved an appropriate balance between a landlord's…
Date: September 30, 2021
Docket Number: 38/20
Justia Opinion Summary: The Court of appeals issued one opinion to address two petitions for writ of certiorari filed by Clifford Cain, Jr. and Tasha Gambrell challenging the outcome of their putative class actions against Midland Funding, LLC,…
Date: August 27, 2021
Docket Number: 30/20
Justia Opinion Summary: The Court of Appeals reversed the judgment of the court of special appeals affirming the judgments of the circuit courts dismissing Petitioners' putative class action claiming that Respondents violated the Maryland…
Date: August 27, 2021
Docket Number: 43/20
Justia Opinion Summary: In this case questioning whether the addition of a definition of "lender" to the Maryland Usury Law during code revision effected a significant change in that law that lay latent for four decades before this case arose,…
Date: August 25, 2021
Docket Number: 47/20
Justia Opinion Summary: The Court of Appeals affirmed the decision of the court of special appeals reversing the ruling of the circuit court that Baltimore City police detective Adam Lewellen had acted within the scope of his employment and…
Date: August 25, 2021
Docket Number: 58/20
Justia Opinion Summary: The Court of Appeals affirmed the decision of the Maryland State Board of Contract Appeals (MSBCA) granting summary disposition as to the Maryland State Highway Administration's (SHA) claims against Brawner Builders,…
Date: August 16, 2021
Docket Number: 36/20
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the circuit court ruling that Baltimore City had breached its contract with two out of three sub-classes of police officers and firefighters and finding that Ordinance 10-306…
Date: August 16, 2021
Docket Number: 46/20
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals reversing the order of the post-conviction court awarding Petitioner a new trial on all counts and instead remanding the case for a new trial…
Date: August 11, 2021
Docket Number: 55/20
Justia Opinion Summary: The Court of Appeals reversed the judgment of the court of special appeals affirming Defendant's convictions and sentences for home invasion, first-degree assault and reckless endangerment, holding that the trial judge…
Date: August 10, 2021
Docket Number: 32/20
Justia Opinion Summary: The Court of Appeals held that the holding in Lee v. State, 311 Md. 642 (1988), in which the Court held that the predecessor statute to Md. Code Crim. Law (CR) 4-203(a)(1)(I) imposed strict liability for wearing,…
Date: August 5, 2021
Docket Number: 19/20
Justia Opinion Summary: The Court of Appeals reversed the judgment of the court of special appeals affirming Defendant's convictions, holding that, under article 21 of the Maryland Declaration of Rights, a statement contained in a scientific…
Date: August 5, 2021
Docket Number: 24/20
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the trial court convicting Defendant of first-degree rape and other offenses, holding that the trial court did not violate Defendant's constitutional rights by allowing the…
Date: August 5, 2021
Docket Number: 52/20
Justia Opinion Summary: In this dispute between a municipality seeking tax setoffs and a county that refused to grant them, the Court of Appeals affirmed the conclusion of the court of special appeals that Md. Code Tax-Prop. ** 6-305 and 6-306…
Date: August 4, 2021
Docket Number: 38/20
Justia Opinion Summary: In this two putative class action cases concerning the applicable statute of limitations for claims filed by consumer debtors against a consumer debt buyer, Midland Funding, LLC, the Court of Appeals held that…
Date: August 4, 2021
Docket Number: 53/20
Justia Opinion Summary: The Court of Appeals affirmed Defendant's convictions of numerous criminal offenses related to a drunk driving incident that resulted in the death of a cyclist, holding that Defendant's challenge to the jury selection…
Date: August 4, 2021
Docket Number: 54/20
Justia Opinion Summary: The Court of Appeals reversed the judgments of the circuit courts against Petitioners on counts of unjust enrichment and violation of the Maryland Wage Payment and Collection Law that were entered upon remand and…
Date: July 20, 2021
Docket Number: 41/20
Justia Opinion Summary: The Court of Appeals dismissed this appeal of the court of special appeals' denial of an application for leave to appeal in a postconviction proceeding, holding that this Court lacked subject matter jurisdiction pursuant…
Date: July 15, 2021
Docket Number: 18/20
Justia Opinion Summary: In this case concerning the interpretation of an ambiguous voting provision in a corporation's charter the Court of Appeals affirmed the circuit court's grant of summary judgment in favor of Respondents, shareholders of…
Date: July 15, 2021
Docket Number: 48/20
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals affirming the circuit court's declaratory judgment concluding that Homeowners' amended restrictive covenant validly prohibited the construction…
Date: July 15, 2021
Docket Number: 49/20
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals affirming the circuit court's dismissal of Plaintiff's malicious prosecution claim and reversing the grant of Defendant's motion for judgment…
Date: July 13, 2021
Docket Number: 40/20
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals affirming Defendant's conviction of attempted first-degree murder and related charges, holding that the trial court did not abuse its discretion…
Date: July 12, 2021
Docket Number: 44/20
Justia Opinion Summary: The Court of Appeals held that where there are two legal parents, both legal parents must consent to and foster a third party's formation and establishment of a parent-like relationship with a child under the first…
Date: July 12, 2021
Docket Number: 51/20
Justia Opinion Summary: The Court of Appeals reversed the judgment of the court of special appeals affirming Petitioner's convictions and the judgment of the circuit court denying Petitioner's motion to transfer jurisdiction to the juvenile…
Date: July 9, 2021
Docket Number: 45/20
Justia Opinion Summary: In this case concerning Talbot County's authority to impose civil penalties for Petitioners' violations of the Talbot County Code arising from their unlawful actions associated with clearing trees and constructing a…
Date: July 9, 2021
Docket Number: 50/20
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals affirming Defendant's conviction of murder and attempted murder, holding that Defendant knowingly and voluntarily waived his rights under Miranda…
Date: June 23, 2021
Docket Number: 28/20
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals reversing Defendant's conviction for armed robbery, robbery and other crimes, holding that accepting a jury as ultimately empaneled does not…
Date: June 17, 2021
Docket Number: 42/20
Justia Opinion Summary: The Court of Appeals reversed the judgment of the circuit court denying Appellant's motion to reinstate her appeal and her motion to reconsider that denial, holding that the circuit court incorrectly applied the "good…
Date: June 7, 2021
Docket Number: 21/20
Justia Opinion Summary: The Court of Appeals held that, under the unique circumstance of the late Joseph Kopera's deception of Maryland's courts and defendants for decades in a number of criminal cases in which he testified as an expert in the…
Date: June 7, 2021
Docket Number: 68/19
Justia Opinion Summary: The Court of Appeals held that Md. Code Ts. & Jud. Proc. (CJP) 11-1110 limits the recovery for compensatory damages to the amount specified by that statute and does not allow for recovery of noneconomic compensatory…
Date: June 2, 2021
Docket Number: 35/20
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals affirming the circuit court's denial of Defendant's motion to suppress, holding that the court of special appeals did not err in holding that the…
Date: May 27, 2021
Docket Number: 10/20
Justia Opinion Summary: The Court of Appeals affirmed in part and reversed in part the judgment of the court of special appeals affirming the circuit court's grant of summary judgment to the Bank of New York Mellon (BNYM) in this negligence…
Date: May 27, 2021
Docket Number: 1jdo/20
Justia Opinion Summary: The Court of Appeals agreed with the recommendation of the Maryland Commission on Judicial Disabilities that the Court issue an order removing Amy Leigh Nickerson, a judge of the Orphans' Court for Kent County, holding…
Date: May 27, 2021
Docket Number: 23/20
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals affirming Defendant's sentence that was imposed in connection with his convictions for illegal possession of an assault weapon and possession of…
Date: April 30, 2021
Docket Number: 14/20
Justia Opinion Summary: The Court of Appeals affirmed the decision of the tax court determining that, between 2003 and 2011, Travelocity.com LP was liable for sums due under the sales and use tax pursuant to Md. Code Tax-Gen. 11-102(a), holding…
Date: April 30, 2021
Docket Number: 27/20
Justia Opinion Summary: The Court of Appeals reversed in part and affirmed in part the judgment of the court of special appeals dismissing an amended complaint for failure to state a claim upon which relief can be granted, holding that…
Date: April 23, 2021
Docket Number: 2/20
Justia Opinion Summary: The Court of Appeals reversed Defendant's conviction for various charges related to a home invasion, holding that a the trial court erred by giving an anti-CSI effect instruction and that the error was not harmless. At…
Date: April 23, 2021
Docket Number: 9m/20
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the circuit court denying Defendant's motion to suppress, holding that, under the circumstances presented in this case, the police had reasonable suspicion to conduct a brief…
Date: April 13, 2021
Docket Number: 6/20
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals vacating a jury award of $500,000 against Dr. Shabbir Choudhry for loss of household services, which Petitioner alleged she would have received…
Date: April 1, 2021
Docket Number: 1/20
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals concluding that prejudgment interest on defense costs where a party breaches its duty to defend does not fall within the exception to the…
Date: March 30, 2021
Docket Number: 8m/20
Justia Opinion Summary: The Court of Appeals answered a certified question of law by the United States Bankruptcy Court for the District of Maryland by holding that the Maryland Contract Lien Act (MCLA), Md. Code Ann. Real Prop. 14-201 - 206,…
Date: March 26, 2021
Docket Number: 26/20
Justia Opinion Summary: The Court of Appeals affirmed the decision of the court of special appeals affirming the judgment of the circuit court finding Appellant in violation of his probation and sentencing him to serve ten years, holding that…
Date: March 26, 2021
Docket Number: 33/20
Justia Opinion Summary: In this grievance proceeding, the Court of Appeals affirmed the judgment of the court of special appeals vacating the judgment of the circuit court affirming in part and reversing in part the decision of the ALJ and…
Date: March 26, 2021
Docket Number: 6/20
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals reversing the judgment of the circuit court for $500,000 in economic damages to Petitioner under the Wrongful Death Act, Md. Code Ann. Cts. &…
Date: March 15, 2021
Docket Number: 9/20
Justia Opinion Summary: The Court of Appeals affirmed the denial of Clear Channel Outdoor, Inc.'s request for a refund of the taxes that it paid pursuant to a Baltimore City ordinance for the privilege of selling advertising on billboards that…
Date: March 9, 2021
Docket Number: 1m/20
Justia Opinion Summary: The Court of Appeals held that a change in life insurance beneficiary constitutes a conveyance under the Maryland Uniform Fraudulent Conveyance Act (MUFCA), Md. Code Comm. Law 15-201(c), and that a guardian of property…
Date: March 4, 2021
Docket Number: 7/20
Justia Opinion Summary: In this family dispute regarding a family business the Court of Appeals affirmed the judgment of the court of special appeals affirming the decision of the trial court entering judgment in favor of Valley Mill Camp,…
Date: March 2, 2021
Docket Number: 29/20
Justia Opinion Summary: In this case stemming from a lawsuit brought by Respondent against the State and the law enforcement officers and prosecutors who were responsible for charging her with assault and juror intimidation, the Court of…
Date: March 1, 2021
Docket Number: 8/20
Justia Opinion Summary: The Court of Appeals reversed the judgment of the court of special appeals concluding that it had jurisdiction to consider this appeal, holding that, under the circumstances, there was no right to appeal arising under…
Date: January 29, 2021
Docket Number: 11/20
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals affirming the denial of Defendant's motion for new trial on the grounds that certain newly discovered evidence was immaterial, holding that there…
Date: January 29, 2021
Docket Number: 12/20
Justia Opinion Summary: The Court of Appeals reversed the judgment of the court of special appeals reversing Defendant's conviction of perjury and making a false statement to a police officer, holding that the State presented sufficient…
Date: January 29, 2021
Docket Numbers: 15/20, 16/20, 17/20
Justia Opinion Summary: The Court of Appeals reversed the judgment of the court of special appeals reversing the circuit court's judgment entering judgment on the jury's verdict finding Defendants guilty of home invasion and other crimes,…
Date: January 29, 2021
Docket Number: 22/20
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals holding that a developer, K. Hovnanian Homes of Maryland, LLC (Hovnanian) could not enforce an agreement against the Mayor and City Council of…
Date: January 29, 2021
Docket Number: 3/20
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals reversing Defendant's conviction of voluntary manslaughter and ordering a new trial, holding that the trial court erred in its formulation of the…
Date: January 29, 2021
Docket Number: 74/19
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the court of special appeals reversing Defendant's convictions on the grounds that the circuit court should have granted Defendant's motion to suppress, holding that the…
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