38 results for 'court:"The Appellate Court of Maryland"'.
J. Arthur disagrees with the lower court's decision that a county's housing commission must go through the court to obtain permission to sell some land containing two burial plots to a developer. Although a local African-American cemetery coalition was initially granted its mandamus to stop the sale, the commission invokes a state statute which allows it to sell the plots since they had already been used as a parking lot in the past. Also, the proceedings are moot because during the process, the buyer pulled out, cancelling the sale. Reversed.
Court: The Appellate Court of Maryland, Judge: Arthur, Filed On: June 28, 2023, Case #: 486734V, Categories: Property, Business Practices, Injunction
J. Wells agrees with the lower court's ruling that evidence was adequate to convict a former daycare worker with eight counts of sexual abuse of a minor, regardless of the specific definition of the phrase "lascivious exhibition of the genitals" that the state employs. Also, the prosecution's questioning of the female worker's sexual orientation was used to establish possible motive for taking pictures of only girls' genitals at the daycare center, not to bias the jury against her. The worker, who is 18 years old and tried as an adult, received a sentence of 280 years of incarceration with all but 126 years suspended. Affirmed.
Court: The Appellate Court of Maryland, Judge: Wells, Filed On: June 28, 2023, Case #: C-22-CR-21-000263, Categories: Sentencing, Sex Offender, Child Pornography
J. Eyler agrees with the lower court's decision that a pickup truck driver's appeal of the claim that he intentionally hit a ferry worker with his truck is not delegitimated by the worker's receipt of worker's compensation. The truck driver allegedly rammed the worker and injured him after the worker refused to let him drive onto the ferry due to weight restrictions. The driver fails to provide evidence that the worker, who testified against him, had any financial motive to do so, including receipt of worker's compensation. Affirmed.
Court: The Appellate Court of Maryland, Judge: Eyler, Filed On: June 28, 2023, Case #: C-22-CR-21-000340, Categories: Vehicle, Assault, Workers' Compensation
J. Getty agrees with the lower court that because a stolen license plate was visible to a police officer inside a driver’s car, the officer had a right to a warrantless search of the glove compartment. The driver argues that the officer had no right to the search because he was looking for evidence of a crime the driver didn’t commit, theft of a vehicle. This is not true, however, and therefore the search was justified because the officer ultimately arrested the driver for stolen plates as he suspected.
Court: The Appellate Court of Maryland, Judge: Getty, Filed On: June 1, 2023, Case #: C-02-CR-21-000839, Categories: Criminal Procedure, Search, Vehicle
J. Zic affirms the lower court’s ruling that a man who pled guilty to multiple crimes when he was a minor cannot be granted a reduction in his sentences under the Juvenile Restoration Act of 2021. The act states that if someone was convicted of a crime or crimes within one case as a juvenile, and they have already served 20 years, they may be considered for a reduction. However, this man was convicted of crimes across four separate cases and so is not eligible. Affirmed.
Court: The Appellate Court of Maryland, Judge: Zic, Filed On: May 30, 2023, Case #: 22-K-99-000114, Categories: Criminal Procedure, Juvenile Law, Sentencing
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J. Wright concurs with the lower court that the father of a transgender child and a gay child has inflicted mental injury on the gay child as strongly evidenced by texts, emails and reports of in-person conversations where the father said things like, “Please please do not allow these demons you are surrounded by influence you.” The father sent similar communications to his trans child and to his ex-wife, saying things like, “our father tells us about tranny’s and gays right in the bible. He says any one who cuts off things or if man lay with man or women with women will be burned.” While the trans child has already effectively broken ties with the father, the gay child has not but also feels unsafe with him based on the child’s own testimony, which was appropriately procured by a social worker at school. Therefore, the father must stop abusing and threatening the child, is not allowed to enter the child’s home, can only see the child if the child is comfortable doing so and cannot communicate abusive statements regarding sexual orientation or religion. Affirmed.
Court: The Appellate Court of Maryland, Judge: Wright, Filed On: May 24, 2023, Case #: C-02-FM-22-808824, Categories: Family Law, Lgbtq
J. Beachley disagrees with the lower court’s ruling that the common law husband of a deceased woman is not allowed to sue a doctor for wrongful death because in Maryland, someone must present at least two documents verifying the marriage. However, as this marriage happened in Pennsylvania, and that state’s laws only require one document for proof — including the type of affidavit the husband presented — the marriage is deemed legitimate and the husband is allowed to proceed. Reversed.
Court: The Appellate Court of Maryland, Judge: Beachley, Filed On: May 23, 2023, Case #: 24-C-21-000851, Categories: Civil Procedure, Wrongful Death