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November 17, 2008
The Court having considered and granted the petition for a writ of certiorari in the above entitled case and upon consideration of Petitioner's Line in the above matter (filed on November 5, 2008) and accompanying copy of the Order of the U.S. Bankruptcy Court for the District of Maryland (Baltimore Division) filed on October 26, 2008 in Case No. 07-10278-JFS (Chapter 11), it is this 17th day of November, 2008... ORDERED, by the Court of Appeals of Maryland, that the judgment of the Court of...
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November 13, 2008
On February 14, 1989, Lemuel Lindsay McGlone, Jr., appellant, was convicted by a jury in the Circuit Court for Montgomery County of various criminal offenses, including, of particular relevance to this case, use of a handgun in the commission of a crime of violence. For that particular conviction, McGlone was sentenced as a habitual offender, pursuant to Md. Code (1957, 1982 Repl. Vol., 1986 Cum. Supp.), Article 27, § 643B (c),1 to 25 years incarceration without the possibility of parole....
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November 12, 2008
We decide in this case whether the trial court erred by permitting the prosecutor to cross-examine petitioner Richard Lavonte Blanks regarding the timing and content of his communications with defense counsel about his trial testimony. We agree with petitioner that the court erred by permitting the challenged cross-examination. Moreover, we reject the State's contention that the error was harmless beyond a reasonable doubt. We therefore reverse the judgment of conviction and remand for a new...
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November 12, 2008
We are asked in this case to decide whether an inter vivos transfer, in which a deceased spouse retained control over the transferred property during his lifetime, constitutes a per se violation of the surviving spouse's statutory, elective right to a percentage of the deceased spouse's net estate under Maryland Code (1974, 2001 Repl. Vol., 2008 Cum. Supp.), Estates and Trusts Article, § 3-203.1 The Circuit Court for Anne Arundel County held that it does not, concluding that the decedent...
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November 10, 2008
This matter came before the Court on the Joint Petition of the Attorney Grievance Commission of Maryland and Respondent, Howard Teng-Hao Mei, to disbar Respondent by consent from the practice of law... The Court, having considered the Petition, it is this 10th day of November, 2008,... ORDERED, by the Court of Appeals of Maryland, that the Respondent, Howard Teng-Hao Mei, be and is hereby disbarred by consent from the practice of law in the State of Maryland, and it is further,... ORDERED that...
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November 6, 2008
The question presented in these consolidated cases1 is whether a Special Committee, formed by the Legislative Policy Committee pursuant to Maryland Code (1984, 2004 Repl. Vol.), § 2-407 of the State Government Article, possesses subpoena power in the course of its duties. Appellants Craig Chesek and Gregory Maddalone challenge the authority of the Special Committee to subpoena and compel testimony. Appellee Adrienne Jones, co-chair of the Special Committee, argues that the subpoena action...
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November 6, 2008
It is this 6th day of November, 2008, upon consideration of the briefs, record, and oral arguments in the above matter, by the Court... ORDERED, that the judgment of the Court of Special Appeals is affirmed, for the reasons set forth by the intermediate appellate court in its opinion reported at 177 Md. App. 440 (2007), which opinion is adopted by this Court...
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November 5, 2008
In this case we must determine whether the Circuit Court for Anne Arundel County erred in striking the affidavits of two proposed expert witnesses pursuant to Maryland Rule 2-501(e). Because we conclude that it was error to strike the affidavits, we shall hold that the Circuit Court improperly granted summary judgment in favor of Respondents, Melissa Moen, M.D. et. al ("The Medical Providers"),1 on the basis that Petitioners, Charles Marcantonio, et al. ("Marcantonios"), failed...
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November 5, 2008
The issue presented in this case is whether, in a release eligibility proceeding under Maryland Code, Criminal Procedure Article, §§ 3-114 and -119 (2006), a person committed to the Department of Health and Mental Hygiene, pursuant to a finding of not criminally responsible, is required as a matter of law to produce expert medical testimony in order to meet his or her evidentiary burden of proving he or she would not be a danger due to a mental disorder or mental retardation if...
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October 31, 2008
On September 28, 2005, Ocean Petroleum, LLC, appellee, filed a civil action in the Circuit Court for Prince George's County alleging two causes of action against six defendants, including Al Binaa Trading & Construction, LLC ("Al Binaa"). Appellants, Hiyab, Inc., a Maryland corporation, and Woldensie Asfaha, Hiyab, Inc.'s owner (collectively "Hiyab"), who were not parties to this lawsuit, filed a motion for leave to file a cross-claim for indem nification based on its ownership...
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October 31, 2008
Upon consideration of the petition for disciplinary or remedial action filed in the above entitled matter in accordance with Md. Rule 16-773 and the response having been filed there to by Cary Bartlow Hall, the respondent, to the show cause order, it is this 31st day of October, 2008... ORDERED, by the Court of Appeals of Maryland, that Cary Bartlow Hall is suspended for a period of eighteen (18) months, effective May 6, 2008, from the practice of law in the State of Maryland, and it is...
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October 31, 2008
Cheryl Forrest, appellee, filed a tort action in the Circuit Court for Baltimore City against Baltimore City Police Officer Arnold Houghton, appellant, arising out of appellee's arrest. In her complaint, appellee alleged assault, battery, false arrest, false imprisonment, and violations of Articles 24 and 26 of the Maryland Declaration of Rights. Appellant asserted, inter alia, immunity from liability. The court submitted appellee's causes of action to a jury by a verdict sheet that required...
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October 31, 2008
Appellants, Case Handyman and Remodeling Services, LLC, and Case Design/Remodeling, Inc. (collectively, "Case Handyman"), appeal from an order of the Circuit Court for Baltimore County denying their motion to compel arbitration with appellees, Judith and Albert Schuele ("the Schueles"). On appeal, Case Handyman presents the following two issues for our review, which we have reworded and reorganized as follows:... 1. Did the circuit court err in denying the motion to compel...
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October 31, 2008
Appellants, Thomas and Valerie Aumiller, seek reasonable grandparent visitation with the two children of their deceased son, Kevin Aumiller, and his former wife, appellee Sumintra Aumiller. The Circuit Court for Baltimore County, applying the best interests of the child standard, awarded appellants visitation over the objection of appellee. While an appeal of that judgment was pending, however, the Court of Appeals announced a modified standard for third party visitation in Koshko v. Haining,...
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October 30, 2008
This matter, which is before us for the second time, concerns ownership of portions of a "Community Beach" within the Hillsmere Estates Subdivision (the "Subdivision"), located near Annapolis. See Hillsm ere Shores Improvement Ass'n, Inc. v. Singleton, No. 763, Sept. Term 2004 (filed December 5, 2005) ("Hillsmere I"). Hillsmere Shores Improvement Association, Incorporated ("HSIA," "Hillsmere," or the "Association"), appellant, is the record owner...
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October 29, 2008
On July 10, 2008, this Court filed an unreported opinion that vacated the sentence imposed for appellant's conviction of conspiracy to distribute cocaine, and otherwise affirmed appellant's convictions of several violations of Maryland's Controlled Dangerous Substances Act. The argument panel in the case at bar included the Honorable Theodore G. Bloom, who participated in the hearing of the case and in the conference in regard to its decision, but who died prior to the adoption of the opinion....
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October 29, 2008
On May 17, 1996, appellant Kevin Latham shot and killed 17 year old Harvis Coleman as he stood in front of his Baltimore City home. The State appeals a judgment granting Latham postconviction relief on the ground that he received ineffective assistance of counsel at his 1997 jury trial on murder and handgun charges. In the eight years between conviction and Latham's petition for postconviction relief, trial counsel became unavailable to testify due to his conviction and disbarment for perjury....
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October 29, 2008
Appellant Kevin George DiGennaro was transporting gravel, in his truck, to a quarry, when he accidentally released nearly two tons of that material on the highway. After stopping briefly, he drove on to the quarry without marking the area or notifying the quarry of the spill. The spillage later caused a motorist, traveling on the same road, to lose control of her vehicle and collide with an oncoming car, fatally injuring a passenger in her vehicle... Appellant was subsequently charged with...
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October 29, 2008
In this negligence/premises liability action brought by Lester Rivers, appellant, against Hagner Management Corporation ("Hagner") and Oxon Park Apartments, Inc. ("Oxon Park"), appellees, Rivers sued to recover for injuries he sustained while attempting to flee from a fire in the entryway of the apartment building in which he resided. Appellees owned and operated the building. Because the fire was started by a serial arsonist, the Circuit Court for Prince George's County...
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October 27, 2008
This matter came before the Court on a Joint Petition of the Attorney Grievance Commission of Maryland and Respondent, Michael W. Ryan, Jr... The Court having considered the Joint Petition, it is this 27th day of October, 2008,... ORDERED, by the Court of Appeals of Maryland that the Respondent, Michael W. Ryan, Jr., be and he is hereby disbarred by consent from the practice of law in the State of Maryland, and it is further... ORDERED, that the Clerk of this Court shall remove the name of...
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