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August 26, 2008
On 26 February 1992, Thomas L. Clancy, Jr, perhaps best known as the author of many popular "techno-thriller" novels, and Wanda King,1 his wife at the time, entered into an agreement (the "JRLP Partnership Agreement"), under Maryland law, forming the Jack Ryan Limited Partnership (JRLP). The purpose, as later amended, of JRLP is to "engage in activities relating to the writing, publishing and sale of books or in any other lawful activity... ... ... " Clancy and King each...
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August 26, 2008
We must decide whether the Circuit Court for Washington County erred in failing to suppress statements obtained from a defendant by the police in an interrogation that occurred two years and seven months after the defendant had requested the presence of an attorney during a prior interrogation for the same crime. In particular, we are asked to decide whether the prohibition against initiating further interrogation once a defendant invokes the right to counsel, as set forth in Edwards v....
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August 25, 2008
I... On the afternoon of 28 December 2006, Colonel Preston Long, Appellee, was a passenger in an automobile driven by his fiancé, Iretha Spriggs. In addition to Long and Spriggs, the vehicle was occupied by their son and daughter. Long and Spriggs were returning to their residence after shopping. A Prince George's County police officer, Officer McEntyre, spied the vehicle making an illegal U-turn and pursued the car with the intention of conducting a traffic stop.1 Before he could effect...
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August 25, 2008
We granted the petition for a writ of certiorari in this tort action in order to review the standard set forth in numerous Maryland cases that owners or operators of elevators owe their passengers the highest degree of care and diligence practicable under the circumstances to guard against injury... I... On August 30, 2000, respondent Jane Correia was a passenger in one of the elevators located in Johns Hopkins Hospital when a mechanical defect caused the elevator to come to a jarring halt....
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August 22, 2008
Wildwood Medical Center, L.L.C., Appellee in the Court of Special Appeals and Petitioner here, requested on April 28, 2004, a refund of certain real property recordation and transfer taxes it had paid upon presentation of a deed for recordation, under protest, to Montgomery County, Maryland, Appellant below and Respondent here. That request, after a hearing, ultimately was denied by the County. Petitioner took an appeal to the Maryland Tax Court. The Maryland Tax Court (a State administrative...
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August 18, 2008
Based up on the terms of the Joint Petition for Disbarment and Affidavit filed by David Alexander, Jr. in accordance with Rele 16-772, and the written recommendation of Bar Counsel, it is this 18th day of August, 2008,... ORDERED, by the Court of Appeals of Maryland, that David Alexander, Jr., be, and he is hereby, disbarred by consent from the further practice of law in the State of Maryland; and it is further,... ORDERED, that the Clerk of this Court shall strike the name of David Alexander,...
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August 13, 2008
Upon consideration of the Joint Petition for Indefinite Suspension filed herein, pursuant to Maryland Rule 16-772, it is this 13th day of August, 2008,... ORDERED, by the Court of Appeals of Maryland, that the Respondent, Peter Daniel Farris, be, and he is hereby, indefinitely suspended by consent from the practice of law in the State of Maryland; and it is further,... ORDERED, that the Clerk of this Court shall strike the name of Peter Daniel Farris from the register of attorneys, and pursuant...
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August 13, 2008
This matter came before the Court on the Joint Petition of the Attorney Grievance Commission of Maryland and Respondent, Brian K. Ford, to disbar by consent from the practice of law... The Court, having considered the Petition, it is this 13th day of August, 2008,... ORDERED, by the Court of Appeals of Maryland, that the Respondent, Brian K. Ford, 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...
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August 13, 2008
Upon consideration of the Joint Petition for Disbarment by Consent filed herein, and pursuant to Maryland Rule 16-772, it is this 14th day of August, 2008,... ORDERED, by the Court of Appeals of Maryland, that the Yalonda M. Douglas, be, and she is hereby, disbarred by consent from the further practice of law in the State of Maryland; and it is further,... ORDERED, that the Clerk of this Court shall strike the name of Yalonda M. Douglas from the register of attorneys, and pursuant to Maryland...
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August 8, 2008
Upon consideration of the Joint Petition For Indefinite Suspension With the Right To Apply for Reinstatement No Sooner Than Eighteen Months, filed herein pursuant to Maryland Rule 16-772, it is this 8th day of August, 2008,... ORDERED, by the Court of Appeals of Maryland, that Saladin Eric Shakir, be, and he is hereby, suspended by consent from the further practice of law in the State of Maryland with the right to apply for reinstatement no sooner than eighteen (18) months, and it is...
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July 25, 2008
In this workers' compensation case, the following question is presented:... Is expert medical testimony on the issue of physical impairment alone, sufficient to overcome the Workers' Compensation Commission's finding on the issue of " industrial loss[?]"... Phrased in another way, the issue is whether in a judicial review proceeding of a permanent partial disability award by the Workers' Compensation Commission, must the disputant provide the testimony of a vocational ex pert regarding...
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July 25, 2008
In this case requesting declaratory relief, we review the trial court's construction of a rental agreement between Penske Truck Leasing Co., L.P. (Penske) and Nova Research, Inc. (Nova). The question presented in this appeal is whether the contract provision for indemnification includes first party attorney's fees, where the contract language does not provide expressly for the recovery of attorney's fees. We are asked also to decide whether, subsequent to the declaratory judgment in favor of...
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July 24, 2008
Patrick T. Hand, Successor Guardian of the Property of Clifton D. Smith, petitioner, presents two questions as follows:1... I. WHERE CLAIM IS AGAINST A GUARDIAN, DOES THE DEFENSE OF LACK OF LEGAL CAPACITY TO THE CLAIM OF A HOLDER IN DUE COURSE, AS SET OUT IN COMMERCIAL LAW ARTICLE, § 3-305(a)(1)(ii), RELATE ONLY TO AN INDIVIDUAL'S MENTAL STATE?... II. DOES THE DEFENSE OF ILLEGALITY TO THE CLAIM OF A HOLDER IN DUE COURSE AS SET OUT IN COMMERCIAL LAW ARTICLE, § 3-305(a)(1)(ii), RELATE...
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July 24, 2008
In the present case, the Respondent, Robert William Jordan, a resident of Glen Burnie, failed to maintain insurance on a truck registered to him in accordance with Section 17-103 of the Transportation Article, Maryland Code (1988, 2006 Repl. Vol.).1 When the insurance lapsed, Jordan failed to renew or otherwise surrender evidence of the registration to the Motor Vehicle Administration ("MVA") as required under Section 17-106 and, pursuant to the same Section, the State of Maryland...
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July 24, 2008
The Attorney Grievance Commission of Maryland ("Petitioner"), acting through Bar Counsel, filed a Petition for Disciplinary or Remedial Action against Ephraim Ugwuonye ("Respondent") charging him with violations arising out of his representation of two former clients. The first set of alleged violations arise from his representation of Hassan Abdul-Rahim, Jr. in an employment discrimination matter. In that instance, Petitioner charged Respondent with violation of Maryland Rules...
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July 7, 2008
This case arises from a complaint filed by Ecology Services, Inc., appellant, in the Circuit Court for Frederick County against Robert Volkert, Kenneth Eubanks, Jerriel Neloms, and Osborne Raymond, all former employees of appellant, and Clym Environmental Services, LLC ("Clym"), appellees. In the complaint, appellant alleged that Clym's employment of appellees Volkert, Eubanks, Neloms, and Raymond at the campus of the National Institutes of Health (NIH) in Bethesda, Maryland, violated...
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July 7, 2008
In this case, we are asked to determine whether the orphans' court or the circuit court is the proper forum for the determination of factual issues in appellant's caveat proceeding. For the reasons set forth below, we conclude that the Orphans' Court for Baltimore City erred in rejecting as untimely the appellant's Petition to Transmit Issues to the Circuit Court... FACTS AND PROCEEDINGS... The relevant facts in this case are not in dispute. On January 2, 2006, Vinnie R. Henderson of Baltimore...
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July 3, 2008
In this appeal, appellant, Tammy Abner, challenges the circuit court's ruling that her complaint did not allege facts to maintain an action under the Maryland Uniform Fraudulent Conveyance Act (MUFCA), codified in Maryland Code (1975, 2005 Repl. Vol.), Commercial Law Article § 15-201 et seq., specifically § 15-207. On August 8, 2006, she brought suit in the Circuit Court for Prince George's County against appellee, Branch Banking and Trust Company (BB &T), and five other named...
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July 3, 2008
Appellant, Juan Rivera (Rivera), asks us to reverse the denial by the Circuit Court for Montgomery County of his petition for a writ of error coram nobis. By that writ, he sought to have the court find invalid his guilty plea to a charge that arose out of allegations of sexual child abuse. Motivating Rivera's petition is incarceration by the United States Immigration and Customs Enforcement agency (ICE) and threatened deportation. Before us, Rivera launches many attacks on his guilty plea, none...
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July 3, 2008
Appellant, Lovell Land, Inc., filed a complaint for declaratory and injunctive relief in the Circuit Court for Howard County on April 25, 2006 against appellees, the State Highway Administration (SHA) and Howard County (County). Appellant sought a declaratory judgment that (1) its predecess or-in-interest, King's Meade Limited Partnership (King's Meade), is a third party beneficiary of a deed executed by appellees, under which the SHA conveyed 17.337 acres of land to the County subject to the...
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