Frederick Troy Smith ("Frederick") and Sandra Smith ("Sandra") were married on September 15, 1966. Forty-one years later, on October 15, 2007, Sandra filed a complaint for divorce against Frederick in the Circuit Court for Prince George's County. Frederick responded by filing a cross-complaint for divorce against his spouse... At trial, the major issues about which the parties could not agree were financial. On July 17, 2008, the trial judge ruled from the bench and, insofar as...  

A grand jury in the Circuit Court for Prince George's County indicted Tracy Samuel Lee, the appellant, for first-degree murder, use of a handgun in the commission of a crime of violence, and conspiracy to commit first-degree assault. In a jury trial, the court granted the appellant's motion for judgment on the conspiracy count. The appellant was convicted of second-degree murder and use of a handgun. The court sentenced him to a term of 30 years imprisonment for second-degree murder and a...  

May the State (or in this case the trial court) switch Fourth Amendment theories after a suppression hearing has been, in all but the formal filing of its ruling, wrapped up? Theoretically, if all conditions are favorable, it is possible, but it is an unusual procedure that is generally frowned upon. We frown upon it here... Round One... The appellant, Terry Keith Epps, Jr., was convicted by a Harford County jury on June 27, 2006, of the possession of cocaine with the intent to distribute and...  

Kelly Lynn Strub, appellant/cross-appellee,1 appeals from the judgment of the Circuit Court for Baltimore City in favor of C & M Builders, LLC (C & M), appellee/cross-appellant, and presents one question for our review:... Did the trial court err in granting [C & M's] motion in limine and precluding [Strub] from offering any evidence or testimony that [C & M] either owed or breached a duty of care under OSHA and MOSHA regulations and the Multi-Employer Doctrine?... C&M raises an additional...  

A jury in the Circuit Court for Cecil County convicted Antoine Levar Griffin, appellant, of second degree murder, first degree assault, and use of a handgun in the commission of a felony or crime of violence. The convictions arose from the fatal shooting of Darvell Guest on April 24, 2005.1... On appeal, Griffin poses three questions, which we have rephrased slightly:... I. Did the trial court err in admitting a page printed from a MySpace profile alleged to be that of appellant's...  

Title 18 of the Maryland Health-General Code governs "Disease Prevention." Md. Code (2009 Repl. Vol.), §§ 18-101 to 18-1002 of the Health-General Article ("H-G"). Subtitle 3 applies to specific diseases, one of which (at Part IV) is tuberculosis. H-G section 18-324, entitled "Control of communicable tuberculosis," authorizes the Secretary of Health and Mental Hygiene ("Secretary") or a health officer to have a person examined for tuberculosis upon...  

On May 8, 2006, a Baltimore County grand jury indicted Lee Andrew Coleman-Fuller, appellant, for the first-degree murder of Travis Taylor. Md. Code (2002 Vol., 2008 Supp.), Crim. Law. §2-201. On September 5 and 6, 2007, and again on November 6, 2007, the Circuit Court for Baltimore County heard appellant's motion to suppress two statements that he made to police, on April 12 and April 19, 2006, and the evidence derived from his first statement. The court granted the motion to suppress the...  

This case, which is before us for the second time, presents a narrow legal question and one of first impression in this State. At appellant's second trial, held in August 2008, Jeffrey Edward Allen, appellant, was convicted by a jury in the Circuit Court for Charles County of first-degree felony murder and sentenced to life imprisonment. Appellant raises four questions on appeal:... I. Did the trial court err when it: A) informed the venire of appellant's prior armed robbery conviction, and B)...  

Appellant, Jeffrey Maurice Thompson, was indicted in the Circuit Court for Baltimore County, Maryland, and charged with the illegal possession of a regulated firearm, possession of oxycodone, possession of hydrocodone, and related offenses. Following the denial of appellant's motion to suppress evidence, the parties agreed to proceed by way of a not guilty plea on an agreed statement of facts. The court found appellant guilty of illegal possession of a regulated firearm and the State entered a...  

Leon Walker was charged in the Circuit Court for Baltimore County with, among other things, possessing a regulated firearm after having previously been convicted of a felony. He was convicted by a jury of that offense and received a mandatory five-year sentence. The jury acquitted appellant of first-degree assault and use of a handgun in the commission of a crime of violence... The main issue to be resolved in this appeal is whether we should reverse this case under the plain error doctrine...  

In this appeal, we consider whether the Circuit Court for Harford County properly dismissed a purported derivative lawsuit filed on behalf of a Maryland limited liability company ("LLC") whose rights to do business in Maryland and to use its name were forfeited. On September 20, 2007, Dr. John C. Price and Dr. Alan H. Shikani, appellants, filed a complaint against fellow members of The Surgery Pavilion, LLC (sometimes referred to in this opinion as "the company") and members of...  

Appellant, Seminary Galleria, LLC ("Seminary"), owns a commercial property used for retail and offices. The property is located in Baltimore County, and is split-zoned, with most of the property located in the "Business Local" zone and the rest in a "Density Residential" zone. In 2003, without seeking prior approval from the County, Seminary reconfigured four of the existing parallel parking spaces that were located in the residentially zoned portion of the property, and...  

The appellant, Diane Hubbel, is the widow of Donald W. Hubbel (Cpt. Hubbel), who was a captain in the Baltimore City Fire Department. Appellant seeks line-of-duty death benefits from the appellee, the Board of Trustees of the Fire & Police Employees' Retirement System of the City of Baltimore (the Board). Appellant is aggrieved by the denial of her claim by the Board's Examiner and the affirmance of that decision by the Circuit Court for Baltimore City... Cpt. Hubbel died on February 1, 2008,...  

After a bench trial in the Circuit Court for Baltimore County, appellant, Jawaun Antonio Fussell, also known as Branden S. Murphy,1 was convicted of robbery with a dangerous and deadly weapon, simple robbery, first degree assault, theft less than $100, two counts of use of a handgun in the commission of a crime of violence, false imprisonment, false imprisonment in a vehicle, kidnapping, and giving a false statement to a police officer. On appeal, appellant presents one question for our review,...  

In the early morning hours of April 13, 2006, Marshall Adams, appellant, stabbed and killed Leo Morris. Upon his arrest, Adams asserted that Morris had sought to purchase cocaine from him, but when the two met to complete the sale, Morris had threatened Adams with a knife and attempted to rob him of the cocaine. Adams maintained that he had merely defended himself, but also asserted that he had "blacked out" during the altercation and could not fully recall the details... Adams was...  

These consolidated appeals involve a single decedent and two suits with different plaintiffs, multiple defendants, and both wrongful death and under-insured motorist claims. Their resolution has led us into the "largely unmapped swamp"1 of use plaintiffs in wrongful death actions and the appropriate protection of statutory beneficiaries in court-approved settlements that do not make provisions for all known beneficiaries... Steven Williams, a minor, through his mother and next friend...  

This case concerns a medical malpractice claim that the Estate of Carter Bradley ("the Estate")1 filed against Heritage Care, Inc. ("Respondent"). We have been asked to determine whether the Estate may be required to arbitrate its claims against Respondent because of an arbitration agreement that Carman Dickerson ("Dickerson") allegedly signed on behalf of Carter Bradley ("Bradley") when Bradley was admitted to Respondent's nursing home, the St. Thomas More...  

Our task in the present case is to review the Court of Special Appeals' determination that the Circuit Court for Baltimore County erred in suppressing the evidence obtained as a result of a search of the petitioner, Gary Agurs' home.1 The trial court and the Court of Special Appeals both determined that there was no substantial basis upon which the issuing judge could have found probable cause to issue the warrant authorizing this search. Accordingly, the trial court excluded the evidence, but...  

In the Circuit Court for Queen Anne's County, a jury convicted Alphonso Garner, Petitioner, of possession of cocaine with intent to distribute and related offenses. Although Petitioner concedes that the State's evidence was sufficient to establish that he committed those offenses on the afternoon of June 22, 2006, he argues that there are two reasons why he is entitled to a new trial: (1) the Circuit Court erroneously admitted hearsay evidence of what was said by an unknown person who had...  

The Attorney Grievance Commission of Maryland ("AGC"), acting through Bar Counsel, petitioned this Court for disbarment of Respondent, attorney Jeffrey S. Marcalus. The AGC alleged that Marcalus had violated Rules 8.4(b), 8.4(c), and 8.4(d) of the Maryland Rules of Professional Conduct.1 The Circuit Court for Anne Arundel County concluded that Marcalus had violated Rules 8.4(b) and 8.4(d). We agree with the Circuit Court, but find that Marcalus's actions do not warrant disbarment. We...