Maryland Courts

September Term, 2007

Court of Appeals Webcast Archive

 

 

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June 2008 Schedule
Date Docket # Title
6-10-08 AG 23 Attorney Grievance Commission of Maryland v. Charles E. McClain, Sr.
6-10-08 AG 14 Attorney Grievance Commission of Maryland v. Michael F. Taylor
6-10-08 No. 142 State of Maryland v. Colonel Preston Long
Issue - Criminal Law - Double Jeopardy - did trial court incorrectly dismiss the indictment based on double jeopardy grounds where charges against defendant, although occurring on the same date as different previously litigated charges were based on separate offenses during a later house search executed pursuant to subsequently obtained warrant?
6-10-08 No. 143

Maryland Department of the Environment v. Klein/Wachter Properties, LLC
Issue - Statutes - Environment - does MDE have regulatory authority over the water system which provides drinking water to residential users in Maryland?

6-09-08 No. 140

Susan Eynon Lark v. Montgomery Hospice, Inc.
Issue - Tort Law - Health Care Worker Whistleblower Protection Act - did the lower court err in denying plaintiff's wrongful or abusive discharge claim when plaintiff's termination was the result of her reporting a violation of state law and/or state board of nursing regulations?

6-09-08 AG 49 Attorney Grievance Commission of Maryland v. James Charles August Moeller
6-09-08 No. 117

Craig B. Chesek and Gregory J. Maddalone v. Adrienne A. Jones
Issue - Maryland General Assembly - may the legislative policy committee delegate its statutory subpoena and investigatory powers to a special committee?

6-09-08 No. 139

In Re: Adoption/Guardianship of Tracy K.
Issue - Family Law - Guardianship - Jurisdiction - does the orphans' court have jurisdiction over petitions for guardianship of the person of a minor child where one of the natural parents is alive, where parental rights have not been terminated and no testamentary appointment has been made?

6-09-08 No. 127 La Belle Epoque, L.L.C. et al. v. Old Europe Antique Manor, L.L.C. et al.
Issues - Real Property - (1) whether the lower court's holding that non-tenant's payment of rent creates a commercial tenancy at common law imposes a new and commercially unreasonable duty upon landlords to verify the payor of each rental payment before acceptance? (2) whether a common law commercial tenant is entitled to same consumer protections given a residential tenant at common law?
6-06-08 AG 20 & 21 Attorney Grievance Commission of Maryland v. Robert Silverman and Craig Kimmel
6-06-08 No. 135

George Maldonado v. American Airlines et al.
Issue - Workers' Compensation - is expert medical testimony on the issue of physical impairment alone insufficient as a matter of law to overcome the decision of the workers' compensation commission regarding "industrial loss"?

6-06-08 No. 137

People’s Counsel for Baltimore County et al. v. Loyola College in Maryland
Issue - Zoning - whether special exception applicant can meet the Schultz v. Pritts test and prove that proposed use has no greater adverse effect at proposed location than it would at other locations in same zone when that applicant has not presented any evidence of adverse effects of proposed use at other sites in same zone?

6-05-08 Bar Admissions

 

6-05-08 AG 65

Attorney Grievance Commission of Maryland v. Lester A. D. Adams (2006 T.)

6-05-08 No. 134

Mary Gourdine v. Ellen Crews et al.
Issue - Tort Law - Wrongful Death - is there any public policy reason for relieving the drug company from liability for injuries to innocent third-party bystander injured in an actionable motor vehicle accident caused by a drug-induced loss-of-consciousness when drug manufacturer sold the drugs consumed by the at-fault driver with inadequate warnings, false advertising and made conscious misrepresentations to medical community as to true risks of the drugs?

6-05-08 No. 130

Joyce Grimstead v. McNeal Brockington
Issues - Medical Malpractice - (1) did trial court err by allowing two alternate jurors to attend jury deliberations in civil case and substituting the alternates for two regular jurors during the deliberations when the defendant expressly agreed to the alternates' presence during deliberations and attempted to withdraw consent only when trial court designated alternates to replace regular jurors whom the defendant preferred? (2) does the statutory limitation on non-economic damages increase when a physician commits repeated acts of negligence in successive years while treating a patient?

6-05-08 No. 129

Anthony Alston v. State of Maryland
Issues - Criminal Law - (1) did the trial court err in denying petitioner's motions for mistrial and for new trial where the jury was not sworn until after the essential conclusion of the state's case? (2) did the trial court err in sentencing petitioner to life for a conspiracy to murder where under the instructions given the jury could have found petitioner was guilty only of conspiracy to commit second degree murder?

6-05-08 No. 138

Maryland Department of Health and Mental Hygiene v. Ida Brown
Issue - Administrative Law - did the administrative law judge apply an unlawful legal standard in determining respondent's medical eligibility for services under older adults waiver program?

May 2008 Schedule
Date Docket # Title
5-06-08 No. 110

Maryland State Board of Physicians v. Harold I. Eist
Issue - Health Occupations - may a Physician, invoking a Patient's Constitutional Right to Privacy, refuse to disclose to the Board a patient's Mental Health Records?

5-06-08 No. 126

Betty Garner et al. v. Archers Glen Partners, Inc. et al.
Issues - Administrative Law - (1) whether a County Planning Board may participate as a Party in an Administrative Appeal of its decision approving a preliminary plan for Residential Development? (2) does the Law of Case Doctrine apply to Lower Court Opinion in same proceeding which addresses a legal question pursuant to MD. Rule 8-131(a) in order to provide "Guidance" and "To Avoid the Expense and Delay of Additional Appeals"?

5-06-08 AG 27 Attorney Grievance Commission of Maryland v. Patrick Joseph Smith
5-05-08 AG 10 Attorney Grievance Commission of Maryland v. Harold Mark Walter
5-05-08 AG 25 Attorney Grievance Commission of Maryland v. Ernest S. Nichols
5-05-08 No. 120 Jody Lee Miles v. State of Maryland
5-05-08 No. 132

Kevin Ricardo Lee v. State of Maryland
Issue - Criminal Law - did the Trial Court err in permitting the State to argue to the Jury that the "Law of the Streets" prevented victim from identifying Petitioner as his assailant and to argue they should protect their community by teaching Petitioner a lesson?

5-02-08 AG 30 Attorney Grievance Commission of Maryland v. Harte Peary Stafford
5-02-08 Misc. 12 John Deere Construction v. Reliable Tractor
5-02-08 No. 124

Michael Blaine Shatzer, Sr. v. State of Maryland
Issue - Criminal Law - did the Trial Court err in admitting into evidence statements obtained by Police from Appellant in violation of his Constitutional Rights to Remain Silent and to have Counsel present during questioning?

5-02-08 No. 118 State of Maryland Central Collection Unit v. Robert William Jordan
Issue - Motor Vehicles - may a Court decline to impose penalties for a motorist's failure to maintain automobile insurance based solely on the motorist's subjective intent to maintain insurance?
5-01-08 Bar Admissions  
5-01-08 AG 26 Attorney Grievance Commission of Maryland v. Emmanuel Damascus Akpan
5-01-08 AG 8 Attorney Grievance Commission of Maryland v. Ephraim C. Ugwuonye
5-01-08 No. 125

Wildwood Medical Center, L.L.C. v. Montgomery County, Maryland
Issue - Maryland Tax Court - whether Maryland Tax Court and Circuit Court were both correct in allowing Petitioner Exemptions from Transfer and Recordation Taxes upon Recordation of the Subject Deed, in accordance with Sections 12-108(y) and 13-405(c) of the Tax-Property Article, as Petitioner's Predecessor Entity in Title was a Maryland General Partnership?

5-01-08 No. 128

Pittway Corporation et al. v. Stephon Collins et al.
Issue - Torts - (1) does decision of Lower Court improperly change the Maryland Law of Superseding Cause in ways that conflict with well-settled principles long applied by this Court? (2) does decision of the Lower Court improperly prevent Trial Courts from deciding the Issue of Superseding Causation on Motion to Dismiss?

5-01-08 No. 131

Department of Human Resources, Baltimore City Department of Social Services v. Angela Hayward****Department of Human Resources, Baltimore City Department of Social Services v. William Dixon
Issue - Family Law - did the Department of Human Resources properly interpret the Law as providing Standing to Appeal solely to individuals found responsible for "Unsubstantiated" or "Indicated" Child Abuse or Neglect?

April 2008 Schedule
Date Docket # Title
4-08-08 AG 28 Attorney Grievance Commission of Maryland v. David L. Zeiger
4-08-08 No. 116

Lemuel Lindsay McGlone, Jr. v. State of Maryland
Issue - Criminal Law - can two convictions not separated by a term of confinement qualify as predicate convictions for purposes of sentence enhancement?

4-08-08 No. 109

Patrick T. Hand, Successor Guardian of the Property of Clifton D. Smith v. Manufacturers & Traders Trust Co. et al.
Issue - Commercial Law - does the defense of Lack of Legal Capacity to the Claim of a Holder in Due Course relate only to an individual's mental state?

4-07-08 No. 107

In Re: Marcus J.
Issue - Juvenile Law - did the Juvenile fail to comply with the specificity requirements of Rule 11-111 and Section 3-807(c) of the courts article and the policy implementing those provisions?

4-07-08 No. 108

Irfan Aleem v. Farah Aleem
Issue - Family Law - did Maryland properly award to the wife a marital share of the husband's pension and thereby properly refuse to apply the law of Pakistan which does not allow for the division of the husband's pension?

4-07-08 No. 104

State of Maryland v. Frederick Roscoe Coates
Issue - Criminal Law - did a child abuse victim's statements to a nurse practitioner fall within the hearsay exception for statements made for the purpose of medical treatment or diagnosis?

4-07-08 No. 73

In Re: Nicole B. and Max B.
Issue - Family Law - under the Federal Indian Child Welfare Act what is the meaning of the words "Active Efforts" by the Social Services Department to prevent the breakup of an Indian family?

4-04-08 No. 93

MRA Property Management, Inc. et al. v. Susan Armstrong et al.
Issue - Maryland Consumer Protection Act (ACT) - does the ACT apply to representations made to potential purchasers of condominium units in the sale of the units?

4-04-08 No. 114 Tyrone Horton v. State of Maryland
4-04-08 No. 113

Ronald Eugene Johnson v. State of Maryland
Issue - Criminal Law - is evidence of a drug sniffing dog's alert to currency admissible in a criminal prosecution?

4-04-08 No. 112

Thomas L. Clancy, Jr. v. Wanda T. King
Issue - Contracts - did principles of contract law preempt partnership duties purportedly breached when Appellant withdrew use of his name from the Op-Center Joint Venture?

4-03-08 Bar Admissions  
4-03-08 No. 105

VNA Hospice of Maryland v. Department of Health and Mental Hygiene
Issue - Constitutional Law - is a state statute revoking a home-based hospice license unconstitutional?

4-03-08 No. 87

Sharden Busie Hoile v. State of Maryland
Issue - Criminal Law - was the Defendant's sentence illegally increased when the Trial Judge vacated the sentence of probation and reimposed a sentence of incarceration?

4-03-08 No. 106

Calvin Hoffeld v. Shepherd Electric Co., Inc.
Issue - Employment - may an employer forfeit a commission earned by an employee prior to the employee's termination but with the commission not calculated until after termination?

4-03-08 No. 91 - Complete file not available due to technical difficulty experienced during the Webcast of this argument

Francis Eugene Wilson, Jr. v. State of Maryland
Issue - Criminal Law - did the police officer violate the defendant's Fourth Amendment Right against unreasonable seizure?

4-03-08 No. 111 - Complete file not available due to technical difficulty experienced during the Webcast of this argument

AT & T Communications of Maryland, Inc. v. Comptroller of the Treasury
Issue - Taxation - does the Constitution permit and Maryland Law require a sales tax on 900-number telephone calls?

March 2008 Schedule
Date Docket # Title
3-11-08 No. 121

Michael D. Smigiel, Sr. et al. v. Peter Franchot, et al.
Issue - Constitutional Law - may law makers delegate decisions to voters by passing statutes which are contingent upon popular approval of duplicitous constitutional amendments?

3-11-08 No. 97

Frank G. Pridgeon, Sr. et al. v. Board of License Commissioners for Prince George’s County
Issue - Administrative Law - does a protest group's withdrawal of its protest to the renewal of an alcoholic beverage license excuse the need for a license hearing?

3-11-08 No. 99

Diane Anderson, Individually et al. v. Council of Unit Owners of the Gables on Tuckerman Condominium *** Erie Insurance Exchange et al. v. The Council of Unit Owners of Bridgeport Condominium
Issue - Maryland Condominium Act (Act) - does the Act require a Condominium Association to repair or replace damaged portions of a Condo unit following a casualty loss?

3-11-08 No. 101

Comptroller of the Treasury v. Science Applications International Corporation
Issue - Taxation - may the Comptroller refuse to pay interest on a refund that resulted from the taxpayer's own error concerning its tax liability?

3-10-08 No. 90

Donovan Strickland v. State of Maryland
Issue - Criminal Law - did the Trial Judge err in conducting his own ex parte investigation concerning the Plea Agreement and then refusing to recuse himself when he became a fact witness?

3-10-08 No. 103

Washington Suburban Sanitary Commission et al. v. Colleen Bowen et al.
Issue - Administrative Law - does Legislative Immunity apply to the Commission's Abolition of Merit Positions through the Legislative Budget Review process?

3-10-08 No. 78

William James Mitchell v. State of Maryland
Issue - Criminal Law - did the Trial Judge properly deny the Defendant's Motion that the Trial Judge recuse himself from the case?

3-10-08 No. 95

Margaret Virginia Janusz v. Francis Peter Gilliam
Issue - Contracts - under a Property Settlement Agreement should a party be reimbursed the Consideration she gave under the Agreement when the other party is Excused from Performance?

3-07-08 AG 53 Attorney Grievance Commission of Maryland v. H. Allen Whitehead (2006 T.)
3-07-08 No. 86

Steven Stubbs v. State of Maryland
Issue - Criminal Law - may a Defendant be convicted and sentenced for Statutory Theft under $500.00 when the value of the stolen property was under $100.00 under a separate statute?

3-07-08 No. 88

Renee Kennedy, Next Friend et al. v. Lasting Paints, Inc. et al.
Issue - Civil Procedure - are all the Judgments resolving claims against all Defendants other than the severed Bankrupt Defendants Final Appealable Judgments?

3-07-08 No. 98

Robert L. Bost v. State of Maryland
Issue - Criminal Law - did Washington D.C. Police Officers who followed the Defendant from D.C. into Maryland where he was arrested violate the Uniform Act on Fresh Pursuit?

3-06-08 Bar Admissions  
3-06-08 No. 74

State of Maryland v. Scott L. Rendelman
Issue - Criminal Law - was the evidence sufficient to convict the Defendant of extortion by economic threat?

3-06-08 No. 87 Sharden Busie Hoile v. State of Maryland
3-06-08 No. 85

Union United Methodist Church, Inc. v. Robert M. Burton et al.
Issue - Declaratory Judgments - does Maryland's Declaratory Judgment Act require that the Trial Judge's transcribed opinion be attached to the Declaratory Judgment Order issued to the parties?

3-06-08 No. 89

Neil Morano Montgomery v. State of Maryland
Issue - Criminal Law - does a "Springing Sentence" violate Maryland law?

3-06-08 No. 92

Appleton Regional Community Alliance et al. v. The County Commissioners of Cecil County
Issue - Administrative Law - is a voice vote without discussion or a written decision by the Commissioners to amend the Master Water and Sewer Plan a final decision subject to Judicial Review?

February 2008 Schedule
Date Docket # Title
2-12-08 AG 13 Attorney Grievance Commission of Maryland v. Albert Russell Snyder
2-12-08 No. 78 - to be rescheduled

William James Mitchell v. State of Maryland
Issue - Criminal Law - did the trial judge properly deny the defendant's motion that the trial judge recuse himself from the case?

2-12-08 No. 82

The Safety National Casualty Ins. Co. Insurance Company d/b/a 4 Aces Bail Bonds, Inc. v. State of Maryland et al.
Issue - Bail Bonds - is a Bail Bondsman discharged from the Bond when deportation laws of another country deny the defendant's reentry to the United States and thus his appearance in court?

2-12-08 No. 94

State of Maryland v. Mahamu F. Kanneh
Issue - Criminal Law - was the defendant's right to a speedy trial violated?

2-11-08 AG 7 Attorney Grievance Commission of Maryland v. Charles J. Zuckerman
2-11-08 No. 75

Kevin Walker v. State of Maryland
Issue - Criminal Law - did the record adequately reflect that the defendant waived his right to a jury trial?

2-11-08 No. 81

Mary Susan Crickenberger v. Hyundai Motor America
Issue - Products Liability - is a motor vehicle owner required to present expert testimony of a defect, malfunction or error in the vehicle?

2-11-08 No. 76

Curtis C. Starr v. State of Maryland
Issue - Criminal Law - is a sawed-off shotgun a dangerous weapon under the statute prohibiting openly wearing and carrying a dangerous weapon?

2-08-08 No. 122

State Board of Elections v. Clifford E. Snyder, Jr. on behalf on Carl Philip Snyder, his son *** State Board of Elections v, Richard D. Boltuck on behalf of Sarah Elizabeth Boltuck, his daughter.

2-08-08 AG 2

Attorney Grievance Commission of Maryland v. Alfred Walker, Jr.

2-08-08 No. 60

State of Maryland v. Christopher Overbee Westpoint
Issue - Criminal Law - is a prior conviction for a Third Degree Sexual Offense admissible pursuant to Rule 5-609 for purposes of impeachment?

2-08-08 No. 80

Kevin Wilson-X v. Department of Human Resources, Baltimore City Office of Child Support Enforcement Ex Rel, Yasmin Patrick
Issue - Family Law - is a disabled person living on social security income alone entitled to a zero dollar per month child support?

2-08-08 No. 64

Desmond Jerrod Smith v. State of Maryland
Issue - Evidence - may a jury consider the unsworn out-of-court statement of a state's witness "just as if she has testified at trial?"

2-07-08 Bar Admissions

 

2-07-08 Misc. 10 In the Matter of the Application of Kevin Charles Stern for Admission to the Bar of Maryland
2-07-08 AG 18

Attorney Grievance Commission of Maryland v. Barbara Osborn Kreamer (2006 T.)

2-07-08 No. 72

Christopher Larry Tribbitt v. State of Maryland
Issue - Criminal Law - does the sexual abuse of a minor statute prohibit conduct that is not otherwise a sexual offense of violation of Maryland Law?

2-07-08 No. 77

E. Diane Connolly, John H. Hatfield, Kathy Hatfield, and J. Donald Braden, Personal Representative of the Estate of Grace H. Hatfield v. Elizabeth Newman
Issue - Orphans' Courts - do Orphans' Courts of this state have the legal authority to issue injunctions?

January 2008 Schedule
Date Docket # Title
1-08-08 AG 43 Attorney Grievance Commission of Maryland v. Jonathan H. Shoup (06 T.)
1-08-08 No. 58

Diamond Point Plaza Limited Partnership v. Wells Fargo Bank, N.A.
Issue - Real Property - what evidentiary standard applies for obtaining a hearing on exceptions to the ratification of a mortgage foreclosure sale?

1-08-08 No. 65

Carl Eugene Jones, Jr. v. State of Maryland
Issue - Criminal Law - may a defendant, because of the growing complexity of a case, change his decision to waive counsel and request an attorney on the day of trial?

1-08-08 No. 79

Joyce A. Griffin v. Howard N. Bierman et al.
Issue - Real Property - do additional steps need to be taken to notify a homeowner of a foreclosure sale when a certified-mail notice of foreclosure sent to the homeowner is returned undeliverable?

1-07-08 AG 35 Attorney Grievance Commission of Maryland v. Karin Marie Kendrick (06 T.)
1-07-08 No. 67

Jeffrey J. Opert v. Criminal Injuries Compensation Board
Issue - Criminal Injuries Compensation Act did lower court err in holding that petitioner was not a victim of a crime as defined in MD. Crim. Proc. Code Ann. Sec. 11-801?

1-07-08 No. 70

Curtis Brown v. Maryland Department of Public Safety & Correctional Services
Issue - Administrative Law - did the prisoner exhaust administrative remedies?
counsel dismissed

1-07-08 No. 68

Nova Research, Inc. et al. v. Penske Truck Leasing, LLP
Issue - Attorneys Fees - was a party entitled to attorney's fees under the "Contract Exception" to the American Rule regarding attorney's fees?

1-04-08 No. 63

Motor Vehicle Administration v. Lianne Marie Delawter
Issue - Administrative Law - was the administrative judges referral to the medical advisory board of a suspended motorist improper because the motorist had no prior notice of the possible referral?

1-04-08 No. 59

Kent Sand and Gravel, LLC v. Jacksonville Machine and Repair, Inc.
Issue - Real Property - is a dredge, or any other equipment designed to be used in various locations and not affixed to real property, subject to a mechanic's lien?

1-04-08 No. 71

David Robinson v. State of Maryland
Issue - Criminal Law - is the term "Family Member" constitutionally vague as used in the child abuse statute?

1-04-08 No. 62

Pulte Home Corporation v. Parex, Inc. et al.
Issue - Commercial Law - did the Uniform Commercial Code (UCC) Statue of Limitations apply to an indemnity claim assigned to a home builder as part of a settlement agreement?

1-03-08 Bar Admissions  
1-03-08 No. 57

Sandra S. Elderkin et al. v. Douglas G. Carroll, III
Issue - Contracts - does Maryland Law require timely exercise of an option in strict accord with its terms?

1-03-08 AG 11 Attorney Grievance Commission of Maryland v. Mikre-Michael Ayele
1-03-08 No. 61

Luat D. Duckett v. Raenora Riley
Issue - Civil Procedure - may a party be refused a constitutional right to a jury trial because the party failed to comply with the rules for a proper jury trial demand?

1-03-08 No. 66

Kazeem Adeshina Ishola v. State of Maryland
Issue - Criminal Law - does the offense of knowingly and willfully assuming another's identity encompass a prosecution for the assumption of a fictitious identity?

1-03-08 No. 56

Afaf Nassar Khalifa et al. v. Michael Shannon
Issues - Family Law - (1) did the trial court err when it denied the defendant's motion to dismiss count one of the complaint by recognizing the tort of interference with custody and visitation rights of children? (2) did the trial court commit reversible error when it denied defendant's motion to dismiss count two of the complaint by recognizing tort of civil conspiracy? (3) did trial court commit reversible error when it denied defendant's motion for new trial where the punitive damages awarded by the jury were grossly excessive and there was no evidence on record of defendant's ability to pay?

December 2007 Schedule
Date Docket # Title
12-04-07 AG 58 Attorney Grievance Commission of Maryland v. David Wayne Parsons (2006 T.)
12-04-07 No. 52

Andrew A. Smigelski d/b/a Columbia Roofing and Home Improvement v. Potomac Insurance Company of Illinois
Issue - Workers' Compensation - when workers' compensation insurance policy expressly provides for certain coverage in states in addition to primary state in which policy was issued, is the scope of coverage in those other states restricted to benefits that would have been payable by the insurer had the injured worker's claim been filed in primary state?

12-04-07 No. 36

Scott Matthew McCullough v. State of Maryland
Issue - Criminal Law - whether dismissal of appeal from denial of motion for return of bail was in error?

12-04-07 No. 53

Donna Silbersack, Personal Representative of the Estate of Dominic Casino et al. v. ACandS, Inc. et al.
Issue - would exercise of appellate jurisdiction to review an interlocutory order of the lower court denying motion for entry of final judgment under MD. Rule 2-601(a) and/or 2-602(b) exceed authority granted by Maryland Constitution?

12-03-07 AG 3 Attorney Grievance Commission of Maryland v. Carol L. McCulloch
12-03-07 No. 48

MBC Realty, LLC et al. v. Mayor and City Council of Baltimore et al.
Issues - Zoning - (1) did the lower court err when it ruled that Article 66b, Section 2.09(a) of the Maryland Code provides exclusive remedy and source of subject matter jurisdiction for legal challenges to zoning ordinances so petition may not proceed with request for declaratory relief challenging the enactment of conditional use text amendment authorizing approval for billboards on the baltimore arena? (2) does the trial court, on remand, have the necessary jurisdiction to hear challenge to validity of Ordinance 03-514 during judicial review proceeding challenging Ordinance 03-515?

12-03-07 No. 55

Kenneth Martin Stachowski v. State of Maryland
Issue - Criminal Law - did the trial court, after finding petitioner in violation of probation in three cases, err in ordering restitution to three victims as condition of probation in fourth unrelated case which no restitution was due?

12-03-07 No. 50

Richard Atta Poku v. Alvin E. Friedman et al.
Issues - (1) whether homeowner may be denied the right to appeal when homeowner has made every effort to obtain a stay pending appeal but the requests are summarily denied? (2) whether loss of real property render homeowner's appeal challenging lower courts ratification of a foreclosure moot when the unreviewed ruling by lower court may be used defensively as basis for collateral estoppel of res judicata defense? (3) whether home can be foreclosed when lender had exclusive control and possession of the funds to pay off the lien?

11-30-07 Bar Admissions  
11-30-07 JD 1 In Re: Honorable Bruce S. Lamdin
11-30-07 Misc. 2 United States of America v. Julian M. Ambrose
11-30-07 No. 51

In Re: Martique J.
Issue - Criminal Law - is claim of perfect self-defense still available in maryland to one who uses non-deadly force to defend against immediate and imminent danger of bodily harm?

11-30-07 No. 46

Diane M. Figgins v. William Andrew Cochrane, Personal Representative of the Estate of Robert James Cochrane, Jr.
Issue - Estates - did lower court err in refusing to admit state of mind testimony of decedent's estate counsel that he was instructed by decedent to prepare deed to convey family home to appellant because his loan to give the appellant equity in the family home had been turned down?

11-29-07 No. 49

The Johns Hopkins Hospital et al. v. Jane E. S. Correia et ux.
Issue - whether the lower court erred as a matter of law when it affirmed trial court's decision to instruct the jury that the elevator owner owed the elevator passenger "the highest degree of care and skill and diligence, practicable under the circumstances to guard against injury?"

11-29-07 AG 50 Attorney Grievance Commission of Maryland v. Alan Edgar Harris (2006 T.)
11-29-07 No. 45

Robert Leon Kelley, Jr. v. State of Maryland
Issue - Criminal Law - does single larceny doctrine require consecutive sentences on separate counts of felony theft merge where state relies upon doctrine within each count to aggregate the value of items stolen from different places at different times to obtain felony conviction and there are not separate schemes?

11-29-07 No. 44

David Trail et al. v. Terrapin Run, LLC et al.
Issue - Zoning - may a board of appeals deriving zoning authority from article 66b grant special exception in the absence of affirmative finding that proposes use conforms to the jurisdiction's comprehensive plan?

11-29-07 No. 47

Joseph Nathan Bellamy v. State of Maryland
Issue - Criminal Law - did the lower court err in precluding petitioner from introducing the statement in support of his defense that the other individual committed the murder where, in support of defendant's guilty plea, the state offered statement by defendant which implicated another individual in the murder with which petitioner was charged and which the state characterized as "the truth" and "what precisely happened at crime scene"?

November 2007 Schedule
Date Docket # Title
11-06-07 No. 40

Anderson House, LLC v. Mayor and Council of Rockville
Issue - Zoning - whether MD. Ann. cts & Jud. Proc. Art. section 3-403 provides the lower court with jurisdiction to determine whether ordinance nos. 7-03 and 21-05 are valid under Maryland law and Rockville city code?

11-06-07 No. 30

Derrick Irwin Knox v. State of Maryland
Issue - Criminal Law - did the court err in concluding rule 4-215's requirement that accused be advised of "The allowable penalties, including mandatory penalties, if any", does not contemplate allowable and mandatory penalties for subsequent offenders?

11-06-07 No. 41

Joseph Colburn et al. v. Department of Public Safety and Correctional Services
Issue - Administrative Procedures - whether employees are entitled to be compensated at overtime rate for all hours worked in excess of 40, plus any appropriate fees and liquidated damages, for overtime hours worked?

11-06-07 No. 42

Linda MacBride v. Michael M. Pishvaian
Issue - Commercial Law - did the lower court err in granting judgment notwithstanding verdict and entering judgment for appellee, on appellant's claim of unfair and deceptive trade practices, due to court's decision that the claim was barred by limitations and due to court's decision not to apply "continuing conduct" or "continuing violation" rule to claim?

11-05-07 AG 57 Attorney Grievance Commission of Maryland v. John A. Elmendorf (2006 T.)
11-05-07 No. 33

R & D 2001, LLC et al. v. Douglas S. Rice et al.
Issue - did the court err in its interpretation and application of VA. code Ann. Secs. 8.01-35.1 and 8.01-443 thereby extinguishing foreign judgment enrolled against the appellee?

11-05-07 No. 31

Cindi Renee Katherine Rush v. State of Maryland
Issue - Criminal Law - Miranda - when interrogating detective's modification of miranda warnings to suggest that defendant would be appointed counsel "at some time" improperly implied that defendant could not have appointed counsel during interrogation?

11-05-07 No. 28

Ramiro Silba Alavez v. Motor Vehicle Administration
Issue - MVA - did the administrative judge correctly uphold MVA's refusal of an application for a driver's license where applicant is ineligible under Transportation Art. Sec. 16-103.1(1) because his driver's privilege is suspended in another state?

11-02-07 AG 27 Attorney Grievance Commission of Maryland v. Thomas F. Kalil (2006 T.)
11-02-07 No. 35

Robert W. Foley, Jr. et al. v. K. Hovnanian at Kent Island, LLC
Issue - Natural Resources Art. - Chesapeake Bay Critical Area Act - what is legal effect of an ordinance enacted to create new critical area districts when the ordinance contains no information about location of new district boundaries?

11-02-07 No. 23

Desmond Ellison Dickey v. State of Maryland
Issue - Criminal Law - was the court's refusal to give a requested jury instruction on evaluating the testimony of a witness who uses or is addicted to drugs harmless beyond a reasonable doubt?

11-02-07 No. 37

Olde Severna Park Improvement Association, Inc. et al. v. Paul Gunby, Jr. et al.
Issue - Real Property - Riparian Rights - in determining the intent and meaning of a 1931 plat with regard to riparian rights, is it appropriate for a court to apply legal context developed by an appellate decision nearly seventy years after 1931?

11-01-07 Bar Admissions  
11-01-07 AG 63 Attorney Grievance Commission of Maryland v. Arthur D. Webster (2006 T.)
11-01-07 No. 29

Stuart P. White et al. v. The Pines Community Improvement Association, Inc. et al.
Issue - Riparian Rights Statute - easements (1) was the court correct in rejecting the principle that an ouster could change use from permissive to adverse thus allowing adverse possession of prescriptive easement to arise 20 years after ouster? (2) when easement to the water grants easement holder the right to build his pier is ownership of pier vested in easement holder by severance of riparian rights under easement or the land owner by MD. Code, Environment Art. Sec. 16-201?

11-01-07 Misc. No. 3

In the Matter of the Application of Caleb I. Solomon for Admission to the Bar of Maryland

11-01-07 No. 38

State of Maryland v. Raymond Leon Adams
Issue - Criminal Law - where consideration, in post conviction, of complaints which were not raised on direct appeal, has respondent waived his challenge to the advisory nature of jury instructions given in case?

11-01-07 No. 21

Chester Harris v. State of Maryland
Issues - Criminal Law - (1) was it error for a court to restrict the defense closing argument by preventing argument on problems with eyewitness identification? (2) was it error of a court not to administer oath to the jury?

October 2007 Schedule
Date Docket # Title
10-10-07 AG 13 & 64 Attorney Grievance Commission of Maryland v. Peter R. Maignan (2006 T.)
10-10-07 No. 22

Anthony Lanzaron et ux. v. Anne Arundel County, Maryland et al.
Issue - Zoning - may the time deadline for implementing previously authorized variances and a special exception be extended?

10-10-07 No. 24

Charles Hudson v. Housing Authority of Baltimore City
Issue - Real Property - whether pretrial discovery is allowed in District Court in breach of lease actions?

10-10-07 No. 25

Mark Anderson et al. v. General Casualty Insurance Company f/k/a Southern Guaranty Insurance Company et al.
Issue - Insurance - does notice to the insurance agent comply with the notice requirements of Sec. 27-601 of the MD CONN ANN., when statute specifically requires notice to the insured of a proposed cancellation?

10-09-07 AG 55 Attorney Grievance Commission of Maryland v. Victor Mba-Jonas (2006 T.)
10-09-07 No. 20

Montgomery County, Maryland v. Glenmont Hills Associates Privacy World At Glenmont Metro Centre
Issue - Constitutional Law - under the federal preemption doctrine or federal spending clause may the county be precluded from prohibiting housing discrimination based upon the source of income?

10-09-07 No. 19

Lawrence Price, Jr. v. State of Maryland *** State of Maryland v. Lawrence Price, Jr.
Issue - Criminal Law - is conviction for possession of a handgun in connection with drug trafficking proper where the defendant is acquitted of the drug trafficking charges?

10-09-07 No. 4

Kathleen Hill v. Cross Country Settlements, LLC
Issue - Real Property - may a lender foreclose against a property to recover money due under a mortgage where the lender had previously relied upon the settlement company's mistaken representations that no balance was due under the mortgage?

10-03-07 Bar Admissions  
10-03-07 No. 34

Edgar A. Bowen, Jr. et al. v. City of Annapolis
Issue - Is retiree entitled to have pension increased by same percentage as pay scale increases granted to active members of police and fire departments who had same rank and years of service as retiree?

10-03-07 No. 16 Jaron Tyree Grade v. State of Maryland
Issue - criminal law - Was it error for a court to dismiss a juror without first notifying counsel of the juror communication and permitting counsel to respond?
10-03-07 No. 17 Mark Barbre v. Andrew Pope, III *** Andrew Pope, III v. Mark Barbre
Issue - Maryland Tort Claims Act (MTCA) - May the MTCA's notice requirement be properly circumvented by pleading malice or gross negligence in a suit filed five years after the injury?
10-03-07 No. 27 In Re: Kevin E.
Issue - Was a second adjudication of a juvenile petition of delinquency barred by double jeopardy principles when first adjudication the state was denied a postponement, rested after putting on no evidence, the court recommended the petition be dismissed?
10-02-07 AG 45

Attorney Grievance Commission of Maryland v. Ralph Edward Hall, Jr. (2006 T.)

10-02-07 No. 14

State of Maryland v. Maouloud Baby [Briefs]
Issue - Criminal Law - if a woman during sexual intercourse withdraws consent but is forced to continue against her will is she a victim of rape?

10-02-07 No. 18

Michael D. Stachowski v. Sysco Food Services of Baltimore, Inc. et al.
Issue - Workers' Compensation - what is the proper triggering date of the statute of limitations governing the reopening of a workers' compensation case?

10-02-07 No. 15

Robert Lee Myer v. State of Maryland
Issue - was taped testimonial hearsay improperly admitted because the defendant was not permitted to cross-examine the declarant-victim?

10-02-07 No. 32

Bruce C. Bereano v. Maryland State Ethics Commission
Issue - Maryland State Ethics Law - whether enforcement of Maryland State ethics laws may be applied retroactively to an agreement which was executed two months before the statute was enacted?

September 2007 Schedule
Date Docket # Title
9-11-07 AG 15

Attorney Grievance Commission of Maryland v. Jeffrey Lawson (2006 T.)

9-11-07 No. 9

Judith Suter v. Darryl A. Stuckey
Issue - Family Law - may a domestic violence protective order entered by consent in the district court be appealed to the circuit court?

9-11-07 No. 11

Carlton M. Green, Personal Representative of the Estate of Walter L. Green et al. v. Helen G. Nassif et al.
Issue - Civil Procedure - may a circuit court issue a writ of prohibition to an orphan's court?

9-11-07 No. 6
File not available due to technical difficulty experienced during the Webcast of this argument

American Powerlifting Association et al. v. Christopher Cotillo
Issue - Torts - during a powerlifting competition did a weightlifter assume the risk of the injury that occurred when the lift bar struck and broke his jaw?

9-10-07 AG 38 Attorney Grievance Commission of Maryland v. Jerold Kay Nussbaum (2006 T.)
9-10-07 Misc. 1 M. Louis Offen, M.D. v. Alan I. Brenner, M.D.
9-10-07 No. 7

In Re: Adoption/Guardianship of Rashawn Kevon H. and Tyrese H.
Issue - Family Law - may a mother's parental rights be terminated for a lack of permanent suitable housing?

9-10-07 No. 8

Charles Magnetti v. University of Maryland et al.
Issue - Education - in a state employment wrongful termination action was the suit barred by the employee's failure to file suit within the one year period under the statute?

9-07-07 AG 42 Attorney Grievance Commission of Maryland v. Louis Peter Tanko, Jr. (2006 T.)
9-07-07 No. 2

Lawrence LaValle v. Janet LaValle
Issue - Family Law - may a court extend an already expired domestic violence protective order without conducting a hearing?

9-07-07 No. 3

Denise Taylor v. Marc E. Mandel
Issue - Family Law - in a proceeding by a grandmother to obtain custody of the children may the grandmother be assessed the fees of the attorney appointed by the court to represent the children?

9-07-07 No. 12

WFS Financial, Inc. v. Mayor and City Council of Baltimore
Issue - Forfeiture - in a motor vehicle forfeiture proceeding is a lien holder required to pay towing and storage expenses before release of the vehicle to the lienholder?

9-07-07 No. 39

State of Maryland v. Arvel D. Williams
Issue - Criminal Law - did the lower court err in granting the defendant's motion to suppress where stop of defendant's vehicle was supported by probable cause and reasonable articulable suspicion that the tinted windows on vehicle did not comply with staturory requirements?

9-06-07 AG 65 Attorney Grievance Commission of Maryland v. Lester A. D. Adams (2006 T.)
9-06-07 No. 10

Brian Arrington v. Department of Human Resources, Baltimore Office of Child Support Enforcement Ex Rel. Audra Hardy and Kimberly Valentine
Issue - Child Support - may a person who is found in contempt for child non-support be incarcerated until he obtains employment and begins making support payments?

9-06-07 No. 26

Marcellas McLong v. Sharon Oliver
Issue - Contempt - may a court, in a support enforcement action, condition a civil contemnor's release from incarceration on the obtention of a GED certificate?

9-06-07 No. 5

Ronald Robert Allen v. State of Maryland
Issue - Criminal Law - was the evidence sufficient to convict the defendant of unauthorized use of a motor vehicle?

9-06-07 No. 1

John Evans et al. v. Thomas Burruss et al.
Issue - Real Property - does a neighboring property owner have a due process right to actual notice of the issuance of a building permit?