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Topic: Maryland Court of Appeals

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	Brady vs Maryland
		Notwithstanding the provision in the Maryland Constitution that the jury in a criminal case are the judges of law, as well as of fact, under Maryland law it is the court and not the jury that passes on the admissibility of evidence pertinent to the issue of innocence or guilt of the accused.
		The petition for post-conviction relief was dismissed by the trial court; and on appeal the Court of Appeals held that suppression of the evidence by the prosecution denied petitioner due process of law and remanded the case for a retrial of the question of punishment, not the question of guilt.
		On appeal the defendants attacked the trial court's denial of a severance, and the State argued that neither defendant was harmed by the statements put in evidence at the joint trial because admission of the felony amounted to admission of guilt of felony murder.
	www.ipsn.org /court_cases/brady_v_maryland.htm (4614 words)

	Maryland Court of Appeals - Wikipedia, the free encyclopedia
		The Maryland Court of Appeals is the supreme court of the U.S. state of Maryland.
		The court, which is composed of one chief judge and six associate judges, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis.
		The seven judges of the Court of Appeals are appointed by the Governor of Maryland with Senate consent.
	en.wikipedia.org /wiki/Maryland_Court_of_Appeals (1022 words)

	Maryland Court of Appeals -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-11-01)
		The Maryland Court of Appeals is the (The highest federal court in the United States; has final appellate jurisdiction and has jurisdiction over all other courts in the nation) supreme court of the (additional info and facts about U.S. state) U.S. state of (A Mid-Atlantic state; one of the original 13 colonies) Maryland.
		The court, which is composed of one chief judge and six associate judges, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, (State capital of Maryland; site of the United States Naval Academy) Annapolis.
		The Court was to be "composed of persons of integrity and sound judgment in the law, whose judgment shall be final and conclusive in all cases of appeal, from the general court, court of chancery, and court of admiralty.
	www.absoluteastronomy.com /encyclopedia/m/ma/maryland_court_of_appeals.htm (1178 words)

	McCulloch v. Maryland - Wikipedia, the free encyclopedia
		In this case, the state of Maryland attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland.
		The Court invoked the doctrine of implied powers in the Constitution, which allowed the Federal government to pass laws not expressly provided for in the Constitution's list of enumerated powers as long as they are in useful furtherance of those powers.
		First, the court argued historically that the Constitution was a social contract created by the people at the Constitutional Convention.
	en.wikipedia.org /wiki/McCulloch_v._Maryland (874 words)

	Court of Appeals Overview
		The Court of Appeals, the highest tribunal in the State of Maryland, was created by the Constitution of 1776.
		The court does not sit in panels; all seven judges sit on each case unless there is a disqualification in which event a judge from another court, or a retired appellate judge, may be specially assigned to sit in the place of the disqualified judge.
		The clerk of the court is responsible for all the official records of the court and all documents relating to cases filed in his or her office.
	www.courts.state.md.us /coappeals/coaoverview.html (1678 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		In separate trials in a Maryland Court, where the jury is the judge of both the law and the facts but the court passes on the admissibility of the evidence, petitioner and a companion were convicted of first-degree murder and sentenced to death.
		But, as we read the Maryland decisions, it is the court, not the jury, that passes on the "admissibility of evidence" pertinent to "the issue of the innocence or guilt of the accused." Giles v.
		The Maryland Court of Appeals declared, "The suppression or withholding by the State of material evidence exculpatory to an accused is a violation of due process" without citing the United States Constitution or the Maryland Constitution which also has a due process clause.
	caselaw.lp.findlaw.com /scripts/getcase.pl?court=us&vol=373&invol=83 (3360 words)

	WIGGINS V. SMITH (Site not responding. Last check: 2007-11-01)
		The Maryland Court of Appeals affirmed the denial of relief, concluding that trial counsel had made “a deliberate, tactical decision to concentrate their effort at convincing the jury” that appellant was not directly responsible for the murder.
		The state court’s assumption that the records documented instances of this abuse has been shown to be incorrect by “clear and convincing evidence,” 28 U.S.C. (e)(1), and reflects “an unreasonable determination of the facts in light of the evidence presented in the State court proceeding,” §2254(d)(2).
		Accordingly, the judgment of the United States Court of Appeals for the Fourth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.
	straylight.law.cornell.edu /supct/html/02-311.ZO.html (6857 words)

	[No title]
		In separate trials in a Maryland Court, where the jury is the judge of both the law and the facts but the court passes on the admissibility of the evidence, petitioner and a companion were convicted of first-degree murder and sentenced to death.
		But, as we read the Maryland decisions, it is the court, not the jury, that passes on the "admissibility of evidence" pertinent to "the issue of the innocence or guilt of the accused." Giles v.
		The Maryland Court of Appeals declared, "The suppression or withholding by the State of material evidence exculpatory to an accused is a violation of due process" without citing the United States Constitution or the Maryland Constitution which also has a due process clause.
	home.comcast.net /~wlnjr/cdr/cases/brady1.doc (2998 words)

	Maryland supports appeals of health plan decisions
		The highest court in Maryland has upheld a law that gives health plan subscribers the right to independent, external reviews when HMOs deny treatments that their doctors say are medically necessary.
		The Maryland Court of Appeals in November ruled that the Employee Retirement Income Security Act of 1974 does not preempt the 1998 Maryland statute.
		Maryland is among more than 40 states and the District of Columbia that have independent appeals laws.
	www.vaccinationnews.com /dailynews/November2002/MarylandSupports24.htm (914 words)

	Insurance Defense Blog: Maryland
		The Court of Appeals noted that the federal circuits are split regarding whether a motion or renewal of a motion for judgment at the close of all the evidence is a mere technicality or a prerequisite to a post-trial motion for judgment.
		The Court found that the last clear chance doctrine did not apply where the estate of a drunk driver who was killed in an auto accident brought suit against a passenger in the same vehicle, on the theory that the passenger should have intervened to prevent the driver from operating the vehicle.
		Maryland has a business and technology case management program, and one facet of it is a website where trial court decisions that are relevant to business and technology issues will be posted.
	www.insurancedefenseblog.net /insurancedefenseblog/maryland/index.html (10445 words)

	SAUNDERS & SCHMIELER, P.C.
		The highest Maryland court ruled that because Montgomery County encouraged off-duty officers to use their patrol vehicles to create a more visible presence, the officer's injuries still arose from the course of her employment even though she was transporting her grandmother, a personal errand, at the time of the crash.
		The Court noted that so long as the condition is contracted as a result of his or her employment and causes the employee to become incapacitated, claimants can be compensated for the time loss under the Maryland Workers' Compensation Act.
		The Maryland Court of Appeals determined that there was an intention on the part of the insurer to provide some insurance liability coverage for claims based on invasion of privacy, and therefore Erie was obligated to defend and indemnify.
	www.sslawfirm.com /nas_vol-12.htm (2403 words)

	Freedman v. Maryland (1965)
		The absence in the Maryland procedure of adequate safeguards against undue inhibition of protected expression renders the statutory requirement of prior submission to censorship an invalid previous restraint.
		The Court of Appeals held, on the authority of that decision, that "the Maryland censorship law must be held to be not void on its face as violative of the freedoms protected against State action by the First and Fourteenth Amendments." 233 Md., at 505, 197 A. 2d, at 235.
		Risk of delay is built into the Maryland procedure, as is borne out by experience; in the only reported case indicating the length of time required to complete an appeal, the initial judicial determination has taken four months and final vindication of the film on appellate review, six months.
	www.bc.edu /bc_org/avp/cas/comm/free_speech/freedman.html (2523 words)

	Court of Appeals Orders Enforcement of MCHR Order (Site not responding. Last check: 2007-11-01)
		The Appeals Court ruled that the agency is within its authority in issuing a subpoena when a respondent refuses to cooperate, and that the Circuit Court must enforce the agency's subpoena.
		The Appeals Court decision also confirmed that the Commission is the authority to determine whether a respondent falls under the purview of state law, and ruled that if a respondent disagrees with the agency's interpretation, it must await a final agency order before obtaining a review in court.
		The Court of Appeals found that the order was in error and remanded the case with instructions for the Circuit Court to order enforcement of the agency's subpoena.
	www.mchr.state.md.us /061203cosenforcement.html (287 words)

	Maryland Law Review
		[14] The Court of Appeals in Kelley refused to extend the abnormally dangerous activity doctrine to instances in which the alleged tortfeasor is not an owner or occupier of land.
		The court also found that manufacturers of handguns could not be held liable under the "risk/utility" test used by other courts to determine whether a design defect exists.
		The Supreme Court found that the defendant had not demonstrated that a sawed-off shotgun had any "reasonable relationship to the preservation or efficiency of a well-regulated militia" and thus, no second amendment right was contravened.
	www.saf.org /LawReviews/Stevens1.htm (5331 words)

	Makeover for Maryland's Highest Court
		While official Washington is consumed with the future makeup of the Supreme Court, Maryland is about to undergo a major change in the composition of its own highest court.
		At his recent swearing in for the Court of Special Appeals, Maryland's intermediate appellate court, Patrick L. Woodward took a good-natured poke at the role of the certiorari court, quoting the wag who said, "It is the duty of the circuit judge to be quick, whimsical and wrong.
		Bell began his career in Maryland courts at age 16, when he was arrested for trespassing at Hooper's Restaurant in Baltimore during a protest of segregated lunch counters.
	www.washingtonpost.com /wp-dyn/content/article/2005/08/06/AR2005080600838_pf.html (858 words)

	Lead Paint Study - Background of Maryland Appeals Decision
		On August 16, 2001, the Maryland Court of Appeals issued a strongly-worded, 98 page, precedent-setting decision [Higgins vs. Kennedy Krieger Institute, Inc.] The case involved an experiment in which healthy babies and young children were exposed to lead paint poison: it was conducted by an affiliate of Johns Hopkins University.
		The Maryland Court of Appeals remanded the case to the trial court and rendered a far-reaching opinion that unequivocally affirmed federal regulations prohibiting the use of children in non-therapeutic experiments involving risks of harm.
		Amicus Curiae (friend of the court) briefs in support of KKI were filed by powerful members of the research establishment with vested interests in research, namely, the Association of American Medical Colleges, the Association of American Universities, Johns Hopkins University, and the University of Maryland.
	www.ahrp.org /children/KKIBackground.php (755 words)

	Montgomery County Maryland Prohibitions on disability discrimination Condominium and homeowners association lawyers and ...
		On appeal, the Court of Special Appeals reversed the trial court decision and ruled that the homeowners association was not required to be a party to the post-sale suit and could not challenge the sale one and a half years after the trial court approved conveyance of the tax sale purchaser.
		The appeals court further concluded that the trial court had jurisdiction to enter the tax sale foreclosure order because the tax sale statute did not require that the homeowners association be made a party to the post-sale suit since it was not the record owner of the property.
		The appeals court, therefore, concluded that the owner of 7 of the 8 units in the Condominium could not be made responsible for all of the expense of the common element renovations or for the work done on the individual condominium unit it did not own.
	www.schildlaw.com /winter05let.htm (1683 words)

	Feminist Wire Daily Newsbriefs: U.S. and Global News Coverage
		A three-judge panel of the Maryland Special Court of Appeals reinforced the provision of Maryland's rape law that says a woman who gives consent prior to intercourse cannot withdraw her legal consent during the act.
		Current Maryland rape law is "not ambiguous," said the ruling; if a woman consents prior to sex, she may not withdraw her consent during the act and accuse her partner of rape if he continues the act.
		Maryland is one of two states that have ruled that women do not have the right to withdraw consent.
	www.msmagazine.com /news/uswirestory.asp?ID=9972 (482 words)

	State and Local Reporter - 08/12/2004
		The home building industry recently scored a victory in Maryland's highest court in a case where a land developer's fully-executed development agreement with a local government was under legal attack by a citizens' conservation group.
		The County Commissioners of Queen Anne's County, the Maryland Court of Appeals ruled that the conservation group lacked standing to challenge the development agreement in court because the group had not exhausted all administrative remedies.
		The Court of Appeals determined under what circumstances and in which forum a third party could launch a collateral attack on development agreements executed by developers and municipal governments.
	www.nbnnews.com /stlocal/issues/2004-08-12/2.html (432 words)

	KPMG US - TaxNewsFlash (Site not responding. Last check: 2007-11-01)
		While the Court agreed the facts were undisputed, it found that the legal conclusion was an issue of law and, accordingly, ruled that the records demonstrated a lack of economic substance and the DHCs were subject to tax based on their parent's Maryland business.
		In finding the entities taxable based on their parents' factors, the Court failed to address the physical presence issue and instead appears to be simply collapsing the structure.
		While the Court did not specifically address the lower courts' finding that income tax avoidance was a valid business purpose unto itself, the Court mentioned recent attempts by the Maryland legislature to pass anti-passive investment company rules and several scholarly articles on the topic.
	www.us.kpmg.com /microsite/taxnewsflash/2003/jun/03173.html (539 words)

	wjz.com - Gov. O'Malley Picks Judges For Court Of Appeals
		The Court of Appeals threw out a law setting up early voting; judges said the state constitution says elections are held on a Tuesday in November and that the date can't be changed.
		Court appointments, he said, are "something the governor will take very, very seriously," but he wouldn't say whether O'Malley would look for anti-death penalty jurists or what criteria is on O'Malley's list.
		Court of Appeals judges don't have to face voters for 10 years, and their re-elections are almost certain.
	wjz.com /topstories/local_story_020124913.html (757 words)

	SFWA Eastern Regional Director Resigns - SFWA News (Site not responding. Last check: 2007-11-01)
		On December 15, 2004 the Maryland Court of Appeals in a unanimous opinion reversed the judgment of the Circuit Court of Baltimore and restored the earlier findings of the Maryland Tax Court granting the Baltimore Science Fiction Society a property tax exemption for their building at 3310 E. Baltimore Street.
		BSFS appealed this interpretation to the Tax Court and, after presenting extensive evidence, won recognition from the Court that BSFS met all criteria of a literary society.
		BSFS appealed to the Court of Special Appeals which forwarded the case directly to the Court of Appeals--Maryland's highest Court.
	www.sfwa.org /News/bsfatax.htm (482 words)

	Maryland court halts executions - Politics - MSNBC.com
		The court found that the manual was never submitted to a joint legislative committee or given a public hearing before it was adopted by the Department of Corrections, as required under the state's Administrative Procedure Act.
		The court rejected three other appeals by Evans, including a claim that racial bias played a role in the decision by prosecutors to ask that he be executed.
		Another rejected appeal involved a claim that Evans' lawyer, when he was sentenced to death for the second time, provided ineffective counsel because he did not conduct a proper investigation of Evans' childhood as required by a 2003 U.S. Supreme Court ruling.
	www.msnbc.msn.com /id/16295971 (908 words)

	Maryland Court of Special Appeals
		Established in 1966, it was designed to ease the caseload of the Court of Appeals and to facilitate resolution of cases requiring appellate adjudication.
		Except for death penalty cases, which are directly appealed to the Maryland Court of Appeals, it has exclusive initial appellate jurisdiction over judgments, decrees, and orders from the circuit or orphans' courts.
		An appeal to the Court of Special Appeals is an appeal of right to any party unhappy with the rulings made by the trial court.
	www.millerandzois.com /Maryland_Court_of_Special_Appeals.html (387 words)

	Maryland - Judicial Branch - LexisNexis InfoPro - Zimmerman's Research Guide
		Court of Appeals: Court of Appeals cases are published officially in the Maryland Reports back to 1851 and unofficially in the Atlantic Reporter back to 1885.
		Other Courts: Bland's Reports and Johnson's Reports for the Maryland Court of Chancery (covering 1909-1854) are posted by the Maryland Archives 1999, along with Proceedings for the colonial Court of Chancery (1669-1679), Provincial Court (1673-1683) and several County Courts (http://www.mdarchives.state.md.us/megafile/msa/speccol/sc2900/sc2908/html/courts.html).
		Maryland statues relating to the court system are published in the "Maryland Courts and Judicial Proceedings" article of the Maryland Code (further discussed in the entry for "Maryland - Executive Branch").
	www.lexisnexis.com /infopro/zimmerman/disp.aspx?z=1672 (1604 words)

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