Maryland Courts

September Term, 2006

Court of Appeals Webcast Archive

 

The Oral arguments from December 2006 - April 2007 were Webcast in RealMedia format. To view these Webcasts, you must have RealPlayer version 10 or higher. This FREE software can be downloaded to your computer.

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April 2007 Schedule
Date
Docket #
Title
4-11-07 No. 102

Alejandro Rodriguez et al. v. James N. Clarke et al.
Issue - Witnesses - In a medical malpractice action may medical experts be allowed to testify at trial even though the experts were not identified prior to trial as required by MD. Rule 2-402?

4-11-07 No. 111

People’s Counsel for Baltimore County et al. v. Dorothy Surina et al.
Issue - Zoning - Is a stormwater management facility serving a private development a public facility exempt from county zoning laws?

4-11-07 No. 117

Mary Carroll v. Phillip H. Konits, M.D. et al.
Issue - Healthcare Office (HCO) - Was the claimant's expert witness reprot and certification legally insufficient?

4-10-07 No. 113

Richard Greaves et al. v. Fay E. Mathis et al.
Issue - Real Property - Are non-commercial prescriptive easements in gross transferable?

4-10-07 No. 114

Leefen Quillens v. Richard W. Moore, Jr.
Issue - Appeals - Were the notices of appeal premature?

4-10-07 No. 100

Baltimore City Board of School Commissioners v. City Neighbors Charter School et al.
Issue - Education - What are the funding requirements for Maryland Public Charter Schools?

4-10-07 No. 121

Board of Education of Prince George’s County v. Lincoln Public Charter School, Inc.
Issue - Education - What are the funding requirements for a public charter school?

4-9-07 No. 108

Ronnette McDaniel et al. v. American Honda Finance Corporation
Issue - Commercial Law - May motor vehicle lessors charge lessees a late fee for payment in excess of the 6% per annum limitation on interest?

4-9-07 No. 112

Tony Lamont Haile v. State of Maryland
Issue - Criminal Law - Was the defendant denied effective assistance of counsel by his counsel's failure to renew a motion for judgment of acquittal?

4-9-07 No. 110

Montgomery Mutual Insurance Company v. Josephine Chesson et al.
Issue - Evidence - Is a doctor's testimony concerning mold-related illnesses admissible without a Frye-Reed analysis?

4-5-07 No. 84 Dept. of Public Safety and Correctional Services v. John Donahue
Issue - Administrative Law - In an employee disciplinary proceeding was the employee, under state regulations, "unavailable" to meet with superiors when he did not respond to management's efforts to contact him?
4-5-07 No. 83 Garfield George Patterson v. State of Maryland
Issue - Criminal Law - Was a warrant issued for the search of a motel room 34 days after defendant's arrest on traffic charges based on probable cause?
4-5-07 No. 115

Educational Testing Service v. Elba Hildebrant
Issue - Agency - Is a principal liable for the alleged bad faith action of its agent under a contract in which the contracting party gave
the principal exclusive discretion concerning the action of the principal and its agent?

4-5-07 No. 116 Colleen L. Layton et al. v. Howard County Board of Appeals et al.
Issue - Zoning - Whether a new zoning law is to be applied retrospectively?
4-5-07 No. 107 Joy Friolo v. Douglas Frankel et al.
Issue - Attorneys - Is an attorney entitled to a reasonable fee under the Lodestar method for work incurred successfully appealing an adverse ruling of the trial judge on attorneys' fees related to the trial?
March 2007 Schedule
Date
Docket #
Title
3-13-07 AG 7 Attorney Grievance Commission of Maryland v. Daniel Q. Mahone
3-13-07 No. 101 Manoochehr Arfaa et ux. v. Christopher Martino, d/b/a Do-It-All Construction, Inc.
Issue - Mechanics' Liens - in a petition to establish a mechanic's lien what is required to adequately identify the property subject to the lien?
3-13-07 No. 103 Marcus Dannon Owens v. State of Maryland
Issue - Juries - does the presence on a jury of a non-citizen foreign national violate the Maryland and/or United State's Constitutions?
3-13-07 No. 85 Betty Brown Casey, Trustee v. Mayor and Council of Rockville
Issue - Municipalities - may the mayor and council consider economic feasibility and financial hardship when reviewing properties for historic designation?
03-12-07 AG 14 Attorney Grievance Commission of Maryland v. Dorsey Evans, Jr.
03-12-07 AG 71 Attorney Grievance Commission of Maryland v. Rex B. Wingerter (2005 T.)
03-12-07 No. 104 Frederick Green v. Carr Lowery Glass Co., Inc. et al.
Issue - Workers' Compensation - is an employee whose hearing is damaged as a result of his occupation entitled to a hearing aid paid for by the employer-insurer?
03-12-07 No. 86 Derek Williamson v. State of Maryland
Issue - Criminal Law - can police officers who are about to enter a home execute a search warrant detain a person leaving the home?
03-12-07 No. 99 Patterson Park Public Charter School, Inc. v. The Baltimore Teachers Union, American Federation of Teachers Local 340, AFL-CIO et al.
Issue - Labor Law - are unions necessary parties to a judicial proceeding to modify collective bargaining agreements?
03-09-07 Misc. 8 Nancy C. Forster, Public Defender v. The Hon. Edward R. K. Hargadon
03-09-07 No. 88 Motor Vehicle Administration v. Scott H. Shepard
Issue - Motorists - Did the Police Officer Who Stopped the Motorist Have Reasonable Grounds to Request a Chemical Breath Test?
03-09-07 No. 98 Alice McNack et al. v. State of Maryland et al.
Issue - Criminal Law - Should Maryland Recognize the State Created Danger Doctrine?
03-09-07 No. 89 Property & Casualty Insurance Guaranty Corporation of Maryland v. Frederick Memorial Hospital
Issue - Insurance - Were Malpractice Insurance Claims Filed by the Insured Hospital With the Insolvent Insurer "Covered Claims" Under the Maryland Insurance Code?
03-08-07 No. 72 Robert A. Sapero v. Mayor and City Council of Baltimore
Issue - Eminent Domain - Whether the Quick Take Condemnation was Justified?
03-08-07 No. 77 Juwaughn Duvall v. State of Maryland
Issue - Criminal Law - Is a Defendant Denied Effective Assistance of Counsel when the Assistant Public Defender Representing Him Contends that the Actual Perpetrator is a Person Represented by Another Assistant Public Defender in an Unrelated case?
03-08-07 No. 106 Sheri Jackson v. Pasadena Receivables, Inc.
Issue - Commercial Law - May Parties in a Proceeding in a Maryland Court Avoid Applying Maryland's Retail Credit Accounts Law by Agreeing to Apply the Law of Another State?
03-08-07 No. 87 Michael Hanna, Jr. et al. v. ARE Acquisitions, LLC
Issue - Trespass - May a Trespass Occur When an Item Which Intrudes Upon the Land During the Alleged Trespasser's Lawful Possession Remains There After the Alleged Trespasser Departs?
February 2007 Schedule
Date
Docket #
Title
02-06-07 No. 69 J. Whitson Rogers v. James W. Rogers, Jr. and Phillips C. Rogers
Issue - Real Property - was a court order for the sale of real property improper because of a dispute between seller and buyer over the responsibility for the cleanup of hazardous waste?
02-06-07 No. 90 Wallace Jerome Robey v. State of Maryland
Issue - Criminal Law - was the restitution imposed excessive?
02-06-07 No. 91 Jeffrey Chaney v. State of Maryland
Issue - Criminal Law - was restitution improper because it was not requested by the state and was allegedly unsupported by the evidence?
02-06-07 No. 92 Dennis Cunningham v. State of Maryland
Issue - Criminal Law - was restitution improper because it was allegedly unsupported by the evidence and was paid to a non-victim?
02-05-07 No. 94 Anson Miguel Edmund v. State of Maryland
Issue - Criminal Law - may a person be convicted of assaulting a John Doe victim?
02-05-07 No. 97

Thomas I. Weems, Jr. et al. v. County Commissioners of Calvert County
Issue - Evidence - did the trial court properly disregard the opinion of an easement and deeds expert?

02-05-07 No. 95

Lamont Lewis v. State of Maryland
Issue - Criminal Law - did the trial court properly deny the motion to suppress the marijuana?

02-05-07 No. 96

In Re: Lakeshia M.
Issue - Juvenile Courts - in a juvenile delinquency proceeding was the juvenile entitled to have a competency evaluation?

02-02-07 No. 76 Gerald Eugene Wisneski v. State of Maryland
Issue - Criminal Law - can the "public place" element of the crime of indecent exposure be satisfied when an invited guest exposes himself within a private home before non-family and non-household persons?
02-02-07 No. 74

Morgan State University v. Pamela R. Walker
Issue - Torts - did the Plaintiff assume the risk when she walked across a snow and ice covered parking lot and in a fall injured herself?

02-02-07 No. 81 David Stewart v. State of Maryland
Issue - Criminal Law - is a trial judge required to ask potential jurors if they have any bias against a defendant charged with sexual or homosexual acts with minors?
02-02-07 No. 70

Janet Miller v. Comptroller of the Treasury
Issue - State Employees - are employees of the state personnel system entitled to compensation for all time spent traveling between home and a work site other than their assigned offices?

02-01-07 AG 53 Attorney Grievance Commission of Maryland v. Victor Mba-Jonas
(2005 T.)
02-01-07 No. 75 John August Paulino v. State of Maryland
Issue - Criminal Law - is a body cavity search of a person in a public place within the view of others unreasonable under the Fourth Amendment?
02-01-07 No. 57 City of Bowie, Maryland v. MIE Properties, Inc. et al.
Issue - Real Property - what legal standard should be applied to the question of the continued validity of certain restrictive covenants?
02-01-07 No. 93 Fausto Ediburto Solorzano a/k/a Fausto Ediburto Solarzano v. State of Maryland
Issue - Criminal Law - was the sentence of life imprisonment with all but 50 years suspended an illegal sentence?
02-01-07 No. 68 Mayor & City Council of Baltimore et al. v. Kevin P. Clark
Issue - Municipalities - as the employment contract between Baltimore City and the Police Commissioner is the provision which authorizes the city "to terminate without cause" the commissioner invalid and unenforceable as contrary to public policy?
January 2007 Schedule
Date
Docket #
Title
01-09-07 No. 67 Property and Casualty Insurance Guaranty Corporation v. Peter L. Yanni
Issue - Insurance - is the Property and Casualty Insurance Guaranty Corporation subject to the assessment of fines for late payment of benefits?
01-09-07 No. 64 Robin Tyronne Cathcart v. State of Maryland
Issue - Criminal Law - is a sentence for common law false imprisonment of "life imprisonment, suspend all but 10 years, with no period of probation" an illegal sentence?
01-09-07 No. 79 Janice K. v. Provident Life and Accident Ins. Co.
01-09-07 No. 80 In Re: Timothy J.
01-08-07 AG 82 Attorney Grievance Commission of Maryland v. Carol Long McCulloch (2005 T.)
01-08-07 No. 55 Mayor and City Council of Baltimore City v. George Valsmaki et al.
Issue - Real Property - was the quick-take condemnation proceeding in Baltimore City valid?
01-08-07 No. 63 Maurice Galen Hunter v. State of Maryland
Issue - Criminal Law - in a criminal trial may the prosecutor ask the defendant whether the police witnesses were lying?
01-08-07 No. 66 Koons Ford of Baltimore, Inc. v. Raymond Calvin Lobach et al.
Issue - Arbitration - may claims under the Magnuson-Moss Warranty Act be resolved through binding arbitration?
01-05-07 AG 77 Attorney Grievance Commission of Maryland v. John Lyster Hill (2005 T.)
01-05-07 No. 60 Paul Del Marr v. Montgomery County, Maryland
Issue - Workers' Compensation - in a reopened workers' compensation case for worsening of condition resulting in an award increased from a first to second tier injury is the employer entitled to a credit based upon the amount previously paid?
01-05-07 No. 62 Gerald D. Fuller v. State of Maryland
Issue - Health - is denial of a petition for commitment for substance abuse treatment an appealable order?
01-05-07 No. 65 Rafael Flores v. Ronald Bell et al.
Issue - Civil Procedure - may a jury's verdict be vacated as a sanction against defense counsel for making a statement to the trial judge perceived to constitute a misrepresentation?
01-04-07 AG 56 *

Attorney Grievance Commission of Maryland v. Randall E. Goff (2005 T.)

01-04-07 No, 61 * Frank M. Moscarillo v. Professional Risk Management Services, Inc. et al.
Issue - Insurance - under a professional liability insurance policy may the insurer refuse to defend the insured when fraud, not negligence, is the basis of the cause of action filed against the insured?
01-04-07 No. 59 * Garrison Thomas v. State of Maryland
Issue - Criminal Law - did the state fail to timely provide to the defense discovery of the defendant's statement?
01-04-07 No. 53 * Department of Human Resources, Anne Arundel County Department of Social Services v. Sherri Howard
Issues - (1) Family Law - what factors govern a determination by a social services department that a parent has committed child abuse? and (2) Appeals - what authority does the Court of Special Appeals have to hold an En Banc hearing with fifteen judges?
01-04-07 No. 58 * Wells Fargo Home Mortgage, Inc. v. Alan Neal
Issue - Real Property - may a private citizen file a breach of contract action for alleged violations of HUD Mortgage servicing regulations?
  * Note: there were technical difficulties with audio portion of the webcast
December 2006 Schedule
Date
Docket #
Title
12-05-06 No. 48 Sylvia B. Piven et al. v. Comcast Corporation et al.
Issue - Civil Procedure - may landowners in different jurisdictions file a class action complaint against various defendants for alleged trespass?
12-05-06 No. 51 Randy Paul Brown, Jr. v. State of Maryland
Issue - Criminal Law - under what circumstances may the police detain a person who knocks on the door of a house an hour after the police enter pursuant to search warrant?
12-05-06 No. 50 Mikhail Volodarsky v. Kira Tarachanskaya
Issue - Family Law - in a custody or visitation proceeding what is the standard of proof necessary to establish parental neglect or abuse?
12-05-06 No. 54 Robert L. Ehrlich, Jr. et al. v. Robin D. Grove
Issue - Evidence - may a trial court in its discretion order expanded in camera review of documents protected by the attorney-client privilege?
12-04-06 No. 44 Frank Conaway et al. v. Gitanjali Deane et al. [Briefs]
Issue - Maryland Constitution - does Maryland law prohibit the marriage of two persons of the same gender?
12-04-06 Misc. No. 5 In the Matter of the Application of Roderick M. Chavez for Admission to the Bar of Maryland
12-04-06 No. 29 David Reier v. Department of Assessments and Taxation
Issue - State Personnel - does an award to a wrongfully terminated employee of "full back pay" include restoration of lost benefits under the relevant statutes?
12-04-06 No. 49

River Walk Apartments, LLC et al. v. Roger Twigg et al.
Issue - Municipalities - may a municipality contract to purchase right-of-ways necessary to complete a pre-existing building project without seeking legislative approval by ordinance?

12-01-06 AG 49 Attorney Grievance Commission of Maryland v. Natalie H. Rees (2005 T.)
12-01-06 No. 52 and No. 56

No. 52 - Centre Insurance Company, Z.C. Sterling Insurance Company v. J.T.W.
Issue - Administrative Law - when does the period for appealing an administrative decision to the circuit court begin to run?
No. 56 James T. Walker v. Centre Insurance Company et al.
Issue - Administrative Law - when does the period for appealing an administrative decision to the circuit court begin to run?

12-01-06 No. 43 Rebecca Cochran et al. v. Eileen W. Norkunas
Issue - Contracts - in a real estate transaction did a letter of intent and subsequent package of documents both signed by the seller constitute singly or collectively a binding enforceable agreement?
11-30-06 AG 59

Attorney Grievance Commission of Maryland v. Kenneth Stanford Ward (2005 T.)

11-30-06 Misc. 2 Erie Insurance Exchange v. Edmund D. Heffernan II et al.
11-30-06 No. 39 Artavius Donnell Cox v. State of Maryland
Issue - Criminal Law - was the encounter between the police officers and defendant consensual and, thus, not a fourth amendment stop?
11-30-06 No. 40 Storetrax.Com, Inc. v. Joshua Gurland
Issue - Corporations - did the corporate director breach his fiduciary duties to the insolvent corporation?
11-30-06 No. 47 Department of Health and Mental Hygiene v. Anthony Kelly
Issue - Mental Health - must an involuntary psychiatric patient be a danger to himself or to the person or property of others inside the facililty before he can be forcibly medicated?