Court of Appeals Webcast Archive 2008 Term

Laurel Racing Association, Inc. v. Video Lottery Facility Location Commission, et al.
Issues - Constitutional Law - State Government - (1) whether lower court erred in holding that language of Section 9-1A-36(j)(2) of the Act, "[A]ll initial license fees submitted under the subtitle shall accrue to the education trust fund," is ambiguous? (2) whether the lower court erred in holding that Tax Gen'l Art. Section 13-901(a)(2) allows for the refund of an unsuccessful bidder's initial license fee? (3) whether an act that requires the state to retain an unsuccessful bidder's initial license fee in addition to a separate application fee for the consideration of that bid is unconstitutional? (4) whether the Legislature's failure to provide any express authority, guidelines or standards as to whether the location commission may refund an unsuccessful bidder's license fee is an unconstitutional delegation of Legislative power? (5)whether a bidder for a State license who submits a proposal based on erroneous information expressly stated in solicitation documents must be provided with a reasonable opportunity to revise its bid after a court modifies the requirements of the bidding process? (6) did Appellant waive its objections to the initial license fee requirement of the VLT program by failing to raise those objections on or before the deadline for license application as the location commission's report for proposals required?

Adelaida Maria Tarray v. State of Maryland
Issue - Criminal Law - is the evidence sufficient to sustain the convictions for exploitation of a vulnerable adult and conspiracy to exploit a vulnerable adult?

Maryland Agricultural Land Preservation Foundation, et al. v. Herschell B. Claggett, Sr.
Issue - Constitutional Law - Agriculture - do the requirements of MD. Code Ann., Agriculture Section 2-513(b) as amended by 2004 Laws of Maryland, Chapter 498, apply to a final release from Land Preservation Easement for construction of a dwelling for the use of the Landowner, which the Landowner requested in 2005?

University of Maryland Medical System Corporation, et al. v. Rebecca Marie Waldt, et al.
Issues - medical Malpractice - (1) did the Legislature intend to exclude professional witnesses from testifying in medical malpractice cases where 100% of their professional activities directly involve testimony in personal injury claims? (2) whether the trial court correctly interpreted the statute to advance the stated public policy by finding that a professional witness devoted more than 20% of his professional time to activities that directly involve testimony in personal injury claims?

Robert M. Higginbotham, II v. Public Service Commission of Maryland, et al.
Issue - Tort Law - Statute of Limitations - does Maryland State Government Article Section 12-105(B)(3), which requires that an action under the Maryland Tort Claims Act be filed within three years after the cause of action arises, create a uniform three-year Statute of Limitations for all Tort Actions brought pursuant to the Act, including Defamation Claims that otherwise would be subject to the one-year Statute of Limitations in Maryland Courts & Judicial Proceedings Article Section 5-105?

State of Maryland v. John Wesley Huntley, Jr.
Issue - Criminal Law - when the state is forced to dismiss a defective indictment and seek a new indictment, does the Hicks period begin again when the new indictment is issued?

Robert Scrimgeour v. Harry Smith
Issue - Administrative Law - Zoning - did the trial court err as a matter of law by affirming the Talbot County Board of Appeals' decision that the structure proposed by the Appellee is properly characterized as either an Accessory Residential or Accessory Agriculture use or structure pursuant to the Talbot County Zoning Code?

Alisa Marie Gauvin v. State of Maryland
Issue - Criminal Law - did the trial court commit prejudicial error when it permitted an expert witness to state an opinion that the Appellant possessed PCP with an intent to distribute?

Jung Chul Park v. Cangen Corporation
Issue - Constitutional Law - whether the trial court erred in granting Appellee's motion to compel production of documents over Appellant's invocation of his Fifth Amendment privilege against self-incrimination?

Rahim Hariri, et al. v. Edward G. Dahne, et al.
Issue - whether the trial court has the authority and discretion pursuant to Maryland Rule 2-507(b) to dismiss a case with prejudice?

Joseph D. Miller v. Amanda Lee Mathias
Issues - Family Law - do the provisions of MD. Family Law Code ANN., Section 9.5-207 regarding "inconvenient forum" apply where (1) there has already been a Maryland Child Custody determination, (2) it is conceded that Maryland has "continuing, exclusive jurisdiction" over that determination pursuant to MD. Family Law Code ANN., Section 9.5-202, and (3) none of the exceptions to "continuing, exclusive jurisdiction" have been met?

John Wesley Ray v. State of Maryland
Issue - Criminal Law - did the trial court err in finding "extraordinary cause" to refuse to dismiss an incompetent defendant's charges without any "extraordinary" predicate?

James K. Sillers v. Washington Suburban Sanitary Commission *****
Allen W. Cartwright, Jr. v. Washington Suburban Sanitary Commission
Issue - Employment - whether the trial court erred in holding that the Appellee, which is a State Agency, is not subject to Civil Action under MD. Code, Art. 49B, Section 42?

Questar Builders, Inc. v. C.B. Flooring, LLC
Issues - Contract - (1) whether a "termination for convenience" clause contained in a contract between private parties is enforceable under Maryland Law? (2) Whether the trial court erred by holding that the parties' "termination for convenience" clause was inapplicable and did not allow appellant to terminate the parties' subcontract without cause?

State of Maryland v. James Earl Goldsberry, Jr.
Issues - Criminal Law - (1) did the lower court err by ruling that the trial court should not have given the pattern instruction on second degree felony murder when the felony underlying the murder is an attempted robbery with a dangerous weapon? (2) did the lower court err in reversing and remanding for a new trial on the ground that the trial court's modified unanimity instruction could have coerced the deliberative process?

Maryland Reclamation Associates, Inc. v. Harford County, Maryland
Issue - Zoning - where MRA would be entirely precluded without the grant of "area" variances from establishing a rubble landfill use which is permitted on its property by right within the Harford County zoning ordinance, did the Harford County Board of Appeals misapply the "practical difficulty" and/or "unreasonable hardship" variance criteria set forth in the Harford County zoning ordinance when the board refused to grant requested variances?

Maryland Reclamation Associates, Inc. v. Harford County, Maryland
Issue - Zoning - is Harford County preempted by law from applying newly enacted Zoning Regulation Bill 91-10 to MRA's property given that Bill 91-10 was enacted and purportedly applied to MRA's property after Harford County Zoning and Solid Waste Management Plan approvals had been given to MRA's Rubble Landfill application during phase 1 of the State Rubble Landfill Permit application process?

In Re: Faith H.
Issue - CINA - did the trial court commit reversible error by allowing the department to present its case-in-chief through written reports and without any in person testimony where the natural parent objected?

M’Hamed Kortobi v. Brian L. Kass, Personal Representative of the Estate of Carver James Leach, Jr., et al.
Issue - Estates and Trusts - whether Maryland Courts have jurisdiction over a Foreign Personal Representative sued in Maryland where the Foreign Personal Representative has been properly served in Maryland?

Tavon Bomas a/k/a Tavon Bomar v. State of Maryland
Issues - Criminal Law - (1) should a trial court's decision whether to admit expert testimony continue to be a matter within its discretion? (2) did the trial court properly exercise its discretion in finding that a doctor's testimony would not be helpful to the jury in evaluating the identification of petitioner by a detective?

Zi’Tashia Jackson, a Minor, et al. v. The Dackman Company, et al.
Issues - Constitutional Law - Commercial - Lead Paint Act - (1) is the reduction of lead in housing act constitutional? (2) does the act apply to claims where a child's blood-lead level never reached the applicable threshold? (3) does the act provide landlord with immunity from a lead-poisoned child's claims brought under Maryland's consumer protection act? (4) whether under md. code ann., env't. section 6-801 et seq. (2008) renewal of a property registration is complete upon mailing the renewal form to MDE?

Nathaniel Paul McMillan v. State of Maryland
Issues - Criminal Law - (1) did the lower court err in adding a new requirement for asserting a duress defense in a criminal case - that the petitioner have attempted at the earliest possible opportunity to stop or thwart the offense he was compelled to commit? (2) was the defense of duress not available to the felony murder charge in this case?

Lonaconing Trap Club, Inc. v. Maryland Department of the Environment
Issues - Environment - COMAR - (1) did the lower courts violate the equal protection clause by permitting MDE to apply decibel level limits to only one sportshooting club in Allegany county and the majority of the state's political subdivisions? (2) did the lower courts commit legal error by finding that environment article section 3-401 as written applied to the petitioner without requiring MDE to adopt new decibel level limits or regulations?

Motor Vehicle Administration v. Adam Leigh Shea
Issue - Transportation - does a police officer's certification that a moderate odor of an alcoholic beverage was of sufficient strength to suspect that a motorist was driving while impaired by alcohol, along with subsequent field sobriety tests that led to the driver's arrest, allow an administrative law judge to find reasonable grounds to request an alcohol content test under transportation article section 16-205(b)(2), without application of fourth amendment standards to evaluate the sufficiency of a police officer's reasonable grounds?

Raymond B. Cuffley, Jr. v. State of Maryland
Issue - Criminal Law - did the trial court properly deny petitioner's motion to correct illegal sentence?

Paul Antoine Baines v. State of Maryland
Issue - Criminal Law - Alford Plea - did the sentence imposed by the trial court conform to the plea agreement?

Marvie Edward Brye v. State of Maryland
Issue - Criminal Law - did the lower court properly determine there was no reversible error with respect to the trial courts advisements prior to petitioner's discharge of counsel?

Pablo Guillermo Lancaster v. State of Maryland
Issue - Criminal Law - did the lower court err when it held that the trial court did not abuse its discretion when it issued a broad pre-trial protective order?

Dylan McQuitty, a Minor, etc., et al. v. Donald Spangler, et al.
Issues - Medical Malpractice - (1) does an informed consent claim exist under Maryland law where a physician withholds material information from his patient about changes in her medical status, which would have negated her consent to further delay an operative treatment causing harm? (2) does an informed consent claim exist under Maryland law in the absence of damages caused by a battery committed by the physician?

Sharon Roosevelt v. Mehmet Yavuz Corapcioglu
Issue - Family Law - whether the state law definition of "child support" as an ongoing obligation pursuant to 12-200 et seq is appropriately used to determine whether an entitlement or right awarded to a dependent of a participant, pursuant to a domestic relations order, impermissibly frustrates the preemption provision and the limited exception to the anti-alienation clause provided for by REA?

Karl Lymont Thompson v. State of Maryland
Issues - Criminal Law - (1) did the lower court correctly determine the trial court properly admitted evidence of prior sexual assault by the defendant against the same victim? (2) did the lower court correctly determine that it was within the trial court's discretion to amend an indictment altering the date and location of petitioner's criminal acts against a minor?

Rodney Wayne Bible v. State of Maryland
Issue - Criminal Law - did the lower court properly hold that the evidence was sufficient to sustain petitioner's convictions for third degree sex offense and related crimes?

Douglas M. Armstrong, et al. v. Mayor and City Council of Baltimore, et al.
Issues - Zoning - (1) when the lower court affirmed that the arranged, intended, designed and actual use of the building was and is 26 "dwelling units" for occupancy by 26 "families" did the court misconstrue the statutory scheme and expand the definition of "dwelling unit" and "family"? (2) did the lower court impermissibly affirm the board of municipal and zoning appeal on a ground not relied upon by that administrative agency and on which there was insufficient evidence regarding the question of an alley of long common use?

CSR, Limited v. Andrea Taylor, et al.
Issues - Constitutional Law - (1) did the lower court err in holding that petitioner had sufficient contacts in the state to support the exercise of personal jurisdiction? (2) did the lower court err in holding that exercise of personal jurisdiction over petitioner would not offend traditional notions of fair play and substantial justice?

Douglas M. Armstrong, et al. v. Mayor and City Council of Baltimore, et al.
Issues - Zoning - (1) did the lower court err in ruling that in an action to enforce the open meetings act, the party who proves an open meetings act violation does not "prevail" within the meaning of section 10-510(d)(5)(i) so as to be eligible for consideration to receive an award of counsel fees? (2) did the lower court err in ruling that while a city council bill was advanced out of committee as a result of private deliberations that violated the open meetings act, the city council's subsequent public passage of the bill is a non-voidable final action?

Beulah Addison v. Lochearn Nursing Home, LLC d/b/a Future Care-Lochearn
Issue - Tort Law - Contract - did the lower court err in compelling arbitration of claims arising from a predatory real estate scam and sabotaged medicaid application?

Christopher John Schreyer v. William Chaplain and Denise Webb-Cobb
Issues - Courts and Judicial Proceedings - Transportation - (1) whether petitioner's conduct constitutes "pursuing a violator or a suspected violator of the law" thereby, qualifying as an "emergency service"? (2) whether petitioner's statutory governmental immunity renders him immune from the respondents' suit?

Robert Lee McFarlin v. State of Maryland
Issue - Criminal Law - was it error to admit into evidence a letter sent from prison by petitioner to his father?

Stephen H. Rogers v. Eastport Yachting Center, LLC, et al.
Issues - Administrative Law - (1) whether the port wardens' decision is void ad initio due to failure to give legally sufficient notice of the hearing? (2) whether the lower courts erred in failing to strike the port warden's void decision?

Grasslands Plantation, Inc. v. Frizz-King Enterprises, LLC
Issues - Administrative Law - Zoning - (1) what statutory enactment must be made by a local jurisdiction if it intends for its comprehensive plan to be elevated to a status of legal enforceability and "the level of regulatory device"? (2) does the enactment of a zoning ordinance text amendment by a legal legislative body require that the matter be remanded to the planning commission for such findings? (3) is there a shift of burden of proof from applicant/developer of a major subdivision review to the protestant(s) to it when the matter is heard de novo by a local board of appeals following prior approval of the subdivision by the local planning commission?

Robert Calvin Brown, III v. State of Maryland
Issues - Criminal Law - (1) do Maryland's problem-solving courts, including the Baltimore city adult felony drug treatment court, lack fundamental jurisdiction? (2) does imposition of a 35 day jail sentence for violating a drug court rule followed by the same act after the sanction of 35 days has been served, violate double jeopardy rules against multiple punishment for the same offense?

Thanner Enterprises, LLC v. Baltimore County, Maryland
Issues - Constitutional Law - (1) whether the board of liquor license commissioners exceeded its authority by prohibiting the appellant from having outside music at the licensed premises? (2) whether the board of liquor license commissioners' decision was arbitrary and unreasonable?

C. Phillip Johnson Full Gospel Ministries, Inc. v. Investors Financial Services, LLC
Issue - Contract Law - is a contract under seal, which recites the consideration upon which it is to be supported valid, even though the consideration is not given?

Motor Vehicle Administration v. Jerry Dale Sanner
Issue - Administrative Law - Transportation - does a police officer's certification that a strong odor of an alcoholic beverage was present on the breath and person of a driver involved in a motor vehicle crash constitute reasonable grounds to request an alcohol content test under transportation article section 16-205.1(b)(2)?

Colonel A. Omayaka v. Josephine O. Omayaka
Issue - Family Law - whether the trial court erred in law and fact that appellee did not dissipate marital assets when the marriage was undergoing an irreconcilable breakdown?

Miguel Gonzales v. State of Maryland
Issues - Criminal Law - (1) did the trial court deny petitioner the right to representation by counsel of his choice by insisting, despite petitioner's protest, that another attorney who was from the same law firm and was present at trial table was his attorney? (2) - did petitioner voluntarily waive his right to counsel where the trial court offered him the choice of proceeding with an attorney whom he did not believe he had hired to represent him or proceeding without an attorney?

Michael Tackney et al. v. United States Naval Academy Alumni Association, Inc. et al.
Issues - Corporate Law - (1) whether NACCP v. Golding, 342 Md. 663 (1996) requires a court to intervene when the board of the association, a Maryland non-stock corporation, clearly violates the association's unambiguous bylaws so as to deprive the association's membership of the right to vote for eligible board leadership? (2) whether the action of the board of an incorporated Maryland non-stock membership corporation in violating the bylaws for the purpose of re-electing and entrenching the ineligible board leadership is sufficiently arbitrary to deny the board's actions the deference accorded under the business judgment rule and its analog the rule on non-intervention set forth in NAACP v. Golding?

Steven Diggs v. State of Maryland
Issue - Criminal Law - was appellant deprived of a fair trial because the trial court failed to preserve an attitude of impartiality in his questioning of witnesses?

Damon Lamar Ramsey v. State of Maryland
Issues - Criminal Law - (1) did the trial court violate appellant's constitutional right, under the fifth and fourteenth amendments to a fair trial where the trial judge acted as a second prosecutor and created a hostile courtroom environment for defense counsel in front of the jury, all of which suggested extreme bias against the defense? (2) did the trial court violate appellant's sixth amendment right to confront his accuser when the trial judge prevented defense counsel from challenging the credibility of the only police officer to testify against appellant?

State Security Check Cashing, Inc. v. American General Financial Services (DE) a/k/a American General Financial Services, Inc.
Issues - Commercial Law - (1) what is the standard of care required by Commercial Law Article, Section 3-404(d) of a person who in good faith takes and cashes a check issued to an imposter? (2) did the lower courts err in holding that petitioner was required to wait until a check issued to and negotiated by an imposter had cleared before giving the imposter the proceeds of the check?

Cecil Laroy Robinson v. State of Maryland
Issue - Criminal Law - whether the trial judge violated the appellant's constitutional right to a public trial when he ordered members of the appellant's family and other spectators to leave the courtroom?

Pamela Blackwell et al. v. Wyeth d/b/a Wyeth, Inc., et al.
Issues - Courts and Judicial Proceedings - Expert Testimony - (1) did the trial court improperly apply the Reed-Frye General Acceptance Standard to petitioner's experts' conclusions, rather than the basis upon which they reached their causation opinions, and impermissibly conduct a trial on the merits by using a heightened scientific certainty standard to determine the admissibility of their expert testimony? (2) did the trial court apply an erroneous legal standard and abuse its discretion in concluding that the petitioner's experts' testimony is inadmissible because it does not meet the requirements of MD. Rule 5-702?

In Re: Najasha B.
Issue - Courts and Judicial Proceedings - CINA - did the trial court err as a matter of law when it dismissed the petition without holding an adjudicatory hearing as required by statute, court rules and the Parents Patriae Doctrine?

The Programmers’ Consortium, Inc. v. Karl Clark
Issue - Labor and Employment - Maryland Wage Act - whether a trial judge may award attorney's fees against an employer for willfully failing to pay wages without a bona fide dispute under Maryland Labor and Employment Section 3-507.1(b) where a jury has rendered a verdict with a specific finding that the employer did not fail to pay wages without a bona fide dispute?

Master Financial, Inc., et al. v. Ralph S. Crowder, et al.
Issue - Commercial Law - may borrowers delay bringing their statutory small claims, which are based entirely on statutory violations committed and known at loan closings, beyond the three-year limitations period on the theory that their claims for excessive closing costs accrue anew each time that the borrowers make a loan payment that includes fees or interest that may be subject to forfeiture pursuant to the statute's civil penalties section?

Antonio Gonozalez Belote v. State of Maryland
Issue - Criminal Law - did the lower courts err in concluding that an illegal frisk could be justified by subsequently deciding that it was an arrest?

Renaissance Centro Columbia LLC v. Joel Broida
Issues - Zoning - (1) whether the lower court erred in concluding that both the burden of production and the burden of persuasion shifts to the party challenging the presumptive standing of an adjacent property owner in zoning cases? (2) whether the lower court erred in concluding that section 2.210(a)(4)(ii) of the Howard County Code does not govern appeals of hearing examiner decisions to the Howard County Board of Appeals?

Juan Rivera v. State of Maryland
Issue - Criminal Law - did the trial court err in accepting a guilty plea without a factual basis to support it and did the CSA in ruling that a factual statement in support of a guilty plea need not conform to the elements of the offense to which defendant pleads guilty?

John Grady, et al. v. Darin Donell Brown
Issue - Transportation - did the lower court err in finding that a jury question was presented as to the negligence of the defendant even though that court acknowledged that the plaintiff below was the favored driver on the boulevard, the defendant was the unfavored motorist, and also finding that the defendant did drive his vehicle into the roadway?

Lovell Land, Inc. v. State Highway Administration, et al.
Issue - Transportation - is petitioner a creditor third party beneficiary of the reverter clause in the SHA/County Deed where: (1) under the express terms of reverter clause interpreted in light of the applicable statute, section 8-309 of the transportation article, King's Meade is a member of a class of persons that can benefit from the reverter clause and (2) the SHA included the reverter clause in the SHA/County Deed in direct response to King's Meade's claim that SHA was required to convey the property to King's Meade under section 8-309 because the county did not have a public purpose for the property?

Kelly Green, a minor, etc., et al. v. N.B.S., Inc., et al.
Issue - Constitutional Law - Consumer Protection Act - does Maryland's cap on non-economic damages apply to claims brought pursuant to Maryland's Consumer Protection Act?

State of Maryland v. Jermaine Carroll Camper
Issue - Criminal Law - did the lower court properly remand this case for a new trial after determining that the trial court had failed to advise respondent of the mandatory penalties before finding waiver of counsel by inaction?

In the Matter of the Application of Aaron David Binstock for Admission to the Bar of Maryland

Board of Education of Worcester County v. Horace Mann Insurance Company
Issue - Employment - Torts - whether under sections 4-104 and 4-105 of education article a county school board is required to defend a school employee in an underlying tort action even where the only cause of action alleged was an intentional tort?

People’s Insurance Counsel Division v. Allstate Insurance Company, et al.
Issue - Insurance - whether the general assembly authorized the people's insurance counsel division to file a petition for judicial review from a final decision of the insurance commissioner?

Victor Antonio Glascoe v. State of Maryland & Brandon Justin Jackson v. State of Maryland
Issue - Criminal Law - did the lower court fail to issue a valid decision where one of the three judges assigned to the panel who heard oral argument in the case died before the opinion was issued?

State of Maryland v. Marvin Williamson
Issue - Criminal Law - does section 7-103(b)(1) of the criminal procedure article, which precludes the filing of a post-conviction petition "more than 10 years after the sentence was imposed," apply in this case where respondent was sentenced in 1968 and petition was filed in 2007, almost 40 years after Williamson's conviction and 12 years after the effective date of the ten year limitation set forth in section 7-103(b)(1)?

Steven G. Ochs, etc., et al. v. Gerald Meibo Hayward, et al.
Issue - Medical Malpractice - whether the respondents waived their right to raise a Walzer challenge to the petitioners' certificates of merit by not challenging same in the health claims arbitration office and waiting until the circuit court case was eleven months old before filing motions to dismiss raising Walzer?

Kelvin Parker a/k/a Calvin Parker v. State of Maryland
Issue - Criminal Law - did trial court err in allowing testimony by a detective that he received tip from a registered confidential informant?

Vincent R. Jones v. State of Maryland
Issue - Criminal Law - was the evidence insufficient to sustain the petitioner's convictions for conspiring with his girlfriend to possess heroin and cocaine with intent to distribute, where the evidence presented at trial established nothing more than the mere fact that the girlfriend had her name on the lease, lived in the residence with the petitioner, and was present at the time the search warrant was executed?

Catherine L. Reiter, et al. v. Pneumo Abex, LLC, et al.
Issue - Summary Judgment - did the lower court err in ruling as a matter of law that direct evidence of exposure to respondents' asbestos-containing products are required to demonstrate that respondents' products caused petitioners' asbestos-related injuries?

State of Maryland v. Michael Raheem Duran
Issue - Criminal Law - did the lower court correctly hold that the crime of indecent exposure is not one of the crimes enumerated by statute which requires registration as a sex offender and was the court correct in concluding that registration as a sex offender was not one of the terms of the plea agreement in this case?

Darren Gerard Kamp v. Department of Human Services, Garrett County Department of Social Services, Bureau of Support Enforcement, ex rel Vicki Jo Duckworth
Issues - Family Law - DNA Testing - (1) may the trial court order DNA testing in a post divorce proceeding to determine the biological paternity of a child born or conceived during a marriage? (2) can such DNA testing be used to successfully argue for the termination of child support?

Board of Education of Baltimore County v. Mireille Zimmer-Rubert
Issue - Statutory - whether the state of Maryland, pursuant to section 4-105 of the education article and section 5-518(c) of the courts and judicial proceedings article enacted a valid waiver of eleventh amendment immunity?

In Re: Julianna B.
Issues - Juvenile - (1) should Julianna B.'s appeal be dismissed because the juvenile court's continued commitment and transportation order denying Julianna B.'s motion for modification of her disposition is not s final, appealable order? (2) did the lower court err in holding that, when issuing its order prohibiting the department of juvenile services from issuing its order prohibiting the department of juvenile services from implementing the treatment service plan the juvenile court had adopted at the disposition hearing, the juvenile court did not violate the separation of powers doctrine or the juvenile causes act?

Robert Harris v. State of Maryland
Issue - Criminal Law - where the lower court found a Brady disclosure violation when the state failed to disclose to petitioner's trial counsel what position the prosecutor had agreed to take at the hearings on the motions for modification of sentence filed by the two key witnesses against petitioner, did the court err in finding that those violations were not material?

Lynne Parry, Personal Representative of the Estate of Mark Parry, Deceased, et al. v. Allstate Insurance Co.
Issue - Workers' Compensation - whether the decision of the lower court to allow an insurance company deductions from an uninsured/underinsured policy for unreimbursed medical expenses paid by an employer when no worker's compensation claim was actually filed by the employee, eliminates the choice of remedy right afforded to injured workers by statute?

Quinton Richmond et al. v. The District Court of Maryland et al.
Issue - Constitutional Law - did the trial court err in ruling that under the MD Public Defender Act, indigent defendants have no right to counsel at initial bail proceedings before district court commissioners?

Jovon Brian Lancaster v. State of Maryland
Issue - Criminal Law - did petitioner waive any complaint with respect to the protective order when he agreed to the course of action proposed by the lower court and made no further objection to the order after the hearing, either prior to trial or during trial?

Thomas W. Nodeen, et ux. v. Anja Sigurdsson
Issue - Family Law - does Maryland Rule 2-327(c) prohibit the change of venue for convenience of the parties and witnesses from the county where mother resides to the county where the case had previously been tried and custody granted the custodians, albeit that the custodians, mother and minor child no longer reside in that county?

Joseph Sheppard Rogers, Trustee v. P-M Hunter’s Ridge, LLC, et al.
Issue - Real Property - did the lower court err in finding that a constructed roadway expressly designated as permanent may nonetheless be destroyed and relocated pursuant to the terms of a deed?

Lanay Brown v. The Daniel Realty Company, et al.
Issue - Lead Paint Exposure - if a witness was a party to a case at the time the witness' deposition was obtained, but not a party at the time of trial, is it proper for a trial court to permit a party to read portions of that deposition into evidence pursuant to Maryland Rule 2-419(a)(2) even though the witness is no longer a party to the case and not unavailable?

Ofir Marwani, et al. v. Catering by Uptown
Issue - Commercial Law - may a food service facility enforce a contract with consumers even though it is not licensed as required by Section 21-305(a) of Title 21 of the health-general article, annotated code of Maryland, and the contract does not contain the requisite disclosures under H-G Section 21-312(b)?

James A. Thompson v. State of Maryland
Issues - Criminal Law - DNA Evidence - (1) whether post conviction court failed to use proper standard for evaluating newly discovered DNA evidence pursuant to MCCP Section 8-201? (2) whether the trial court erred by denying petitioner's request for new trial based on newly discovered DNA testing results?

John D. Gibson v. Jessica L. Welsh
Issue - Transportation - Negligence - did the lower court err, as a matter of law, when it ruled that petitioner was contributorily negligent pursuant to MD Transportation Code Ann. section 21-1105(d), by interpreting the statute to prohibit a person seated in a parked car from opening the car's door "two centimeters" while waiting for cars to pass by before exiting the vehicle?

The Maryland-National Park and Planning Commission v. Town of Washington Grove, Maryland
Issue - Real Property - Eminent Domain - whether the MD doctrine of Lis Pendens applies to a condemnation action?

Consumer Protection Division Office of the Attorney General, et al. v. Joseph V. Buonassissi, Substitute Trustees, et al.
Issue - Real Property - did the trial court err in denying the division's intervention in a foreclosure proceeding where the foreclosure sale of the subject property could significantly impair the division's ability to obtain statutorily-authorized relief in a separate action?

John R. Boer, Personal Representative of the Estate of Dorothy C. Faya v. University Specialty Hospital
Issues - Estates and Trusts - was the respondent, who had actual notice of decedent's domicile, permitted under estates & trusts section 8-104(c) to file a claim in a county where the decedent resided on her date of death, apart from her domicile, prior to the opening of her estate in her county of domicile?

Anne Arundel County, Maryland v. Halle Development, Inc., et al.
Issue - Zoning - did the trial court err by refusing to remand the case to the PZO for new decisions under the correct standard of law on grounds that the statutory time period for making the decisions had expired and current property owners had vested rights in refunds totaling $4.7 million plus interest from the date of payment?

Independent Newspapers, Inc. v. Zebulon J. Brodie
Issue - Constitutional Law - may a court breach the constitutional right to speak anonymously and order the identification of internet speakers who are alleged to have violated to plaintiff's rights without a factual and legal showing that the plaintiff has supportable claim on the merits?

In Re: Deontay J.
Issue - Family Law - CINA - may a juvenile court find a child in need of assistance and commit him to the custody of a local department based on the parent's neglect of five siblings, which resulted in CINA findings as to all of the children, and termination of parental rights as to two of them?

Joan L. Floyd, et al. v. Mayor and City Council of Baltimore, et al.
Issue - Constitutional Law - did the lower court err in ruling that a special taxing district may conduct its business in accordance with certain provisions of the corporations and associations article instead of the more strict common law quorum requirements of a governmental entity?

Jonathan G. Newell and State of Maryland v. Susan Runnels, et al.
Issue - Constitutional Law - does first amendment require newly elected head of a small prosecutor's office to retain employees who actively support the prosecutor's political opponent?

State of Maryland v. Christopher Carl Sullivan
Issue - Criminal Law - where appellee's mva records showed that he had been "revoked" and "suspended" and he had accumulated 15 points, did the lower court err in holding that appellee could not be convicted of driving after revocation of his driving privilege under section 16-303(d) of the transportation article?

Ernest James McDowell v. State of Maryland
Issues - Criminal Law - (1) did the police officer's action in ordering petitioner to remove a gym bag from his vehicle and open it constitute an unreasonable warrantless search? (2) was the search of petitioner's gym bag unreasonable when its characteristics could have permitted a pat-down to determine if a weapon was inside?

In the Matter of the Application of Richard Sina Vasey for Admission to the Bar of Maryland

Russell A. Neverdon, Sr. v. Attorney Grievance Commission
Issue - Administrative Law - whether the trial court abused its discretion in deciding to deny the motion to quash the commission's subpoena without a hearing?

Kyeron Michael Church v. State of Maryland
Issue - Criminal Law - did the trial court err in ruling that the state did not need to divulge the exact location from which an officer had observed the alleged narcotics activity?

In Re: Joseph N.
Issue - CINA - did the lower court err in dismissing petitioner's appeal as moot because she had not noted an appeal from an order issued at a subsequent review hearing, when that order did not change the terms of antecedent order and thus was not appealable under the In Re: Billy W. line of cases?

Darryl King v. State of Maryland
Issues - Criminal Law - (1) did the lower courts apply an erroneous legal standard in determining that a prior felony drug conviction was not admissible to impeach a prosecution witness? (2) did the lower court improperly rule that the prosecutor's reference to petitioners failure to testify at trial did not constitute reversible error?

University Systems of Maryland v. Kevin Mooney and Teresa Mooney
Issues - Commercial Law - (1) does doctrine of sovereign immunity bar respondents' claim as assignee of contractual rights against the state? (2) if respondents pursue a contract-based claim against the state, must it be presented administratively for review by agency and MD board of contract appeals?

F.D.R. Srour Partnership and Robert Srour v. Montgomery County, Maryland
Issue - Taxation - did the lower court properly apply ordinary principles of statutory construction to interpret the impact tax statute and to conclude that the county council intended the impact tax to apply to warehouse building permits issued to petitioners?

Tamara A. v. Montgomery County Department of Health and Human Services
Issue - Administrative Law - did the lower court err in ruling that trial court possessed jurisdiction power or authority pursuant to code SG section 10-222(b) to reach the merits of respondent's interlocutory petition for judicial review?

Rishi Gosain, et al. v. County Council for Prince George’s County, Maryland Sitting as the District Council, et al.
Issue - Zoning - was petitioner authorized by section 8-106(e) of article 28 to file a petition for review of a final district council decision, as a "person or taxpayer in prince george's county", when petitioner does not reside in, own property in, or pay taxes in county?

Rory Howard Washington v. State of Maryland
Issue - Criminal Law - did the trial court properly exercise its discretion in allowing a detective to relate his observations regarding a surveillance video and still photos taken from the video to explain what was of significance to the investigation, while expressly precluding the detective from identifying a petitioner as a person see on on the video?

Maurice Darryl Prioleau v. State of Maryland
Issue - Criminal Law - did the lower courts correctly hold that a police officer's use of the greeting "what's up", did not constitute interrogation for Miranda Purposes?

State of Maryland v. Paul Benjamin Blackwell
Issue - Criminal Law - did the lower court incorrectly apply Ragland v. State, 385 Md. 7006 (2005) when it concluded that the court erred in allowing the arresting officer to testify as to what he observed when he administered an hgn test to respondent and incorrectly fail to consider the "collective effect of other evidence"?

Westinghouse Electric Corporation v. Connie J. Kellerman
Issue - Workers' Compensation - did a statistical award give the claimant a vested right to all types of workers' compensation benefits? Voluntarily dismissed

120 West Fayette Street, LLLP v. Mayor and City Council of Baltimore, et al.
Issue - Constitutional Law - does petitioner, a taxpayer located across the street from a vast, costly renewal project, have standing to challenge the legality of the project?

Phillip C. Sinicrope v. Linda M. Sinicrope
Issue - Family Law - whether the trial court erred in ordering petitioner to pay respondent Pendente Lite alimony and suit money given that both parties and their child continue to live together as a family in the marital home and have no immediate plans to separate?

Kenneth Martin Stachowski, Jr. v. State of Maryland
Issue - Criminal Law - where a conviction is entered by a guilty plea and sentence is imposed and suspended in favor of probation, may a trial judge as one of the conditions of probation, order the defendant pay restitution arising from an unrelated case?

In the Matter of the Application of Gregory John Strzempek for Admission to the Bar of Maryland

Charles Henry Decker v. State of Maryland
Issue - Criminal Law - did the trial court err in admitting evidence that petitioner walked out of the courthouse on a prior trial date before the case was called for trial?

Robert Alan Odum, Jr. v. State of Maryland
Issue - Criminal Law - was it error to allow at retrial evidence of the many other felonies and crimes of violence of which petitioner was acquitted by a jury at his first trial?

William Langley v. State of Maryland
Issue - Criminal Law - did the admission of a recording of a 911 call violate petitioner's right to confrontation where the call was placed after the offense had been completed and the alleged perpetrator had left the scene and the caller indicated that she was aware that the police had been notified and were in the process of responding?

Arthur Franklin White, Jr. v. State of Maryland
Issues - Criminal Law - (1) did lower court err in reversing some, but not all, of the judgments in this case after recognizing plain error by trial court in its jury instructions on territorial jurisdiction and finding plain error in closing argument where the prosecutor urged the jury to find petitioner guilty because a D.C. jury would not do so? (2) did the trial court lack territorial jurisdiction to try petitioner for first-degree murder, conspiracy to commit murder, armed robbery and related offenses because there was insufficient evidence that the crimes occurred in Maryland?

Patrick G. McKenzie v. State of Maryland
Issue - Criminal Law - was the evidence sufficient to convict the petitioner of fourth degree burglary of a dwelling where the evidence established that petitioner broke and entered an unfurnished, vacant apartment which, at the time of the breaking, was unoccupied?

Pines Point Marina, a Condominium Council of Unit Owners, Inc. v. Jim Rehak, et al.
Issue - Real Property - did the trial court err in holding that complaint was a nullity and as such ineffective for purpose of tolling the running of the statute of limitations?

Ramon Lopez v. State of Maryland
Issue - Criminal Law - did the lower court find that petitioner's waiver of counsel midway through trial was knowing and voluntary despite the fact that petitioner had not been advised of the sentence he could receive as a subsequent offender?

Potomac Valley Orthopaedic Associates, et al. v. Maryland State Board of Physicians, et al.
Issue - Health Occupations - whether the Maryland patient referral law prohibits an orthopaedic surgeon from furnishing patients with MRI or CT diagnostic services within OR group, even when the orthopaedist complies with the "group practice" exemption in health occ. section 1-302(d)(2) or the "direct supervision" exemption in health occ. section 1-302(d)(3)?

In Re: Gloria H.
Issue - Juvenile Law - Education - was evidence legally sufficient to sustain the trial court's finding that the appellant violated md. code, education, section 7-701(e)(2)?

Richard L. Kramer v. Liberty Property Trust f/k/a Republic Property Trust
Issues - Corporations and Associations - (1) did the trial court err in concluding that an action to remove a trustee from the board of a Maryland "reit" for an alleged breach of fiduciary duty was not a "proceeding" within the meaning of section 2-418 of the Maryland code? (2) did the trial court err in denying appellant's motion for summary judgment where he was "made a party to a proceeding by reason of such status" as a trustee and officer?

Wayne Stockstill v. State of Maryland
Issue - Criminal Law - whether the trial court's judgment revoking appellant's probation should be vacated and probation reinstated because the revocation was based on evidence admitted in violation of Maryland psychiatrist-patient privilege statute?

Dion G. Tucker v. State of Maryland
Issue - Criminal Law - did the trial court properly exercise its discretion in formulating a jury instruction regarding cross-race identification?

State of Maryland v. Dennis Lamont Lucas
Issue - Criminal Law - did the lower court incorrectly hold that a domestic violence victim's excited utterances made to first responding police officers were testimonial under Crawford v. Washington, 541 U.S. 36 (2004) and its progeny?

Crofton Convalescent Center, Inc. v. Department of Health and Mental Hygiene, Nursing Home Appeal Board
Issue - Administrative Law - does Thrifty Oil Co. v. Bank of Am. Nat'l Trust & Sav. Ass'n, 310 f.3d 1188 (9th Cir. 2002) establish Maryland law governing whether interest paid by a nursing facility pursuant to a swap agreement that secures the facility's real property is mortgage interest under the Maryland medicaid regulation making mortgage interest an allowable, reimbursed cost?

Trinity Assembly of God of Baltimore, Inc. v. People’s Counsel for Baltimore County, et al.
Issue - Zoning - did the board err as a matter of law when it found that the proposed use constitutes religious exercise, but found compelling interests exist which present no substantial burden on religious exercise?

Steven Anthony Powell v. State of Maryland
Issue - Criminal Law - did the lower court properly hold that the trial court was not required to grant a mistrial on its own initiative?

Supervisor of Assessments v. Stellar GT
Issue - Tax and Assessments - when value of property has increased by more than $50,000 because of renovations in previous calendar year and this increase is not captured in existing assessment, is the section 8-104 (c) mandate to revalue the property at a new value negated when supervisor's review of property was prompted by a recent sale or assessor had some knowledge of renovations at the time of the last triennial assessment?

James Desmond Jones v. State of Maryland
Issues - Criminal Law - (1) did the lower court properly hold that the mere posting of a "no trespassing" sign did not prohibit police officers from approaching and knocking on petitioner's front door? (2) did the lower court properly hold that police officers conducted a lawful consent search of petitioner's property?

Ayinde Deleon v. State of Maryland
Issue - Criminal Law - did the trial court err in allowing the admission of evidence of gang membership, association and activity against the appellant?

Oscar A. Cruz v. State of Maryland
Issue - Criminal Law - did the lower court correctly determine that the trial court properly instructed the jury in two different forms of assault, both generated by the evidence?

Anthony Loyd Mitchell v. State of Maryland
Issue - Criminal Law - did the state's closing argument improperly shift the burden of proof?

Jane Doe et al. v. Montgomery County Board of Elections
Issues - Constitutional Law - (1) did the trial court err in ruling that a voter challenge to certification of a referendum petition that failed to carry the required number of signatures, which challenge was filed within 10 days of the certification, is nonetheless partially time-barred? (2) did the trial court err in holding that the board is required to include inactive voters in calculating the total number of registered voters in Montgomery county?

Sara Caldes et al. v. Elm Street Development et al.
Issue - Zoning - Critical Area Law - does county's lot merger law override the density limitations in the state and county critical area law?

Devonte A. Brooks, a minor, etc. et al. v. Housing Authority of Baltimore City et al.
Issue - Commercial Law - Liability - can housing authority manufacture its own immunity from lead poisoning liability by claiming depletion of insurance coverage when the housing authority refused to comply with insurance underwriting requirements to conduct lead risk assessments of its rental properties?

Christopher Hutchinson v. State of Maryland
Issue - Criminal Law - did the lower court err by ruling that it is a harmless error for prosecutor to ask defendant, on cross-examination, whether the complainant had lied in the complainant's testimony?

Joseph Michael Jones v. State of Maryland
Issues - Criminal Law - (1) did trial court err in permitting six-year old alleged victim to testify where child demonstrated a clear inability to understand and appreciate his obligation to tell the truth? (2) did trial court err in admitting alleged victim's taped statement to social worker?

Maryse L. Karsenty et al. v. Kathleen Sexton Schoukroun
Issues - Estates and Trusts - whether Maryland has a bright-line rule establishing that in the case which a deceased spouse has transferred property with a retained interest, the transfer constitutes a fraud on surviving spouse elective share regardless of motive, extent of the control and other equitable factors?

Charles Marcantonio, Personal Representative of the Estate of Sherri Schaefer et al. v. Melissa Moen et al.
Issue - Medical Malpractice - whether issue of material facts exists on the question of proximate cause in a wrongful death and survival action arising from medical malpractice where evidence demonstrates the defendants' negligent failure to diagnose and treat stage one cancer allowed the cancer to progress and the patient ultimately die from metastatic cancer?

Sherri A. Turner v. Raymond A. Kight et al.
Issue - Constitutional Law - Statute of Limitations - does "tolled" as used in 28 U.S.C.A. 1367(d) mean suspension of the running of the statute of limitations or merely suspension of the effect of the running of the statute of limitations?

Linwood Bean v. Department of Health and Mental Hygiene, Mental Hygiene Administration, Clifton T. Perkins Hospital Center
Issue - Criminal Law - did the lower court err in holding that a committee cannot gain release pursuant to criminal procedure article section 3-114 without producing his own expert witness?

Todd Tyrone Taylor v. State of Maryland
Issues - Criminal Law - (1) did trial court's restriction upon impeachment of the credibility of a hearsay declarant whose extrajudicial statements were central to state's case contravene petitioner's rights under the confrontation clause and Maryland evidentiary law? (2) did trial court impose an overbroad condition of probation in ordering petitioner "to have no contact with any minors"?

Government Employees Insurance Company v. Ray E. Comer, Jr.
Issues - Insurance - (1) did trial court err in granting appellee's motion for summary judgment and not Geico's motion for summary judgment? (2) is appellee entitled to uninsured/underinsured motorist benefits under his father's Geico policy?

Richard Lavonte Blanks v. State of Maryland
Issue - Criminal Law - (1) did the lower court err in finding no error where prosecutor was permitted, in the presence of the jury, to question the accused concerning the content and timing of petitioner's communications with his attorney? (2) did the petitioner waive his claim concerning cross-examination as to communications with his attorney by not objecting to each question at trial?

Thomas W. Marshall v. State of Maryland
Issues - Criminal Law - (1) did the lower court correctly hold that trial court acted within its discretion in denying petitioner's motion for a mistrial where prosecutor's comments were not improper and did not warrant the extraordinary remedy of a mistrial? (2) did the prosecutor's improper remarks during rebuttal closing argument have cumulative effect of depriving petitioner of a fair trial?