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State Courts -
Maryland - January 6 - January 12, 2006
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Armstrong v. Baltimore City, No. 30, September Term, 2005,
COURT OF APPEALS OF MARYLAND, January 6, 2006, Filed
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Overview: Where circuit court dismissed neighbors' judicial review action relating to ordinance passed by Baltimore City, intermediate appellate court had jurisdiction under Md. Ann. Code art. 66B, § 2.09(e), as it permitted any final and appealable judgment of a circuit court to be appealed, whether or not circuit court had properly exercised jurisdiction.
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Stansbury v. MDR Dev., L.L.C., No. 38, September Term, 2005,
COURT OF APPEALS OF MARYLAND, January 9, 2006, Filed
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Overview: The trial court erred in finding that a property owner did not have an easement by necessity over part of a neighbor's land, as part of the owner's land was inaccessible except by crossing the neighbor's land, and since the land was originally deeded as such, it was reasonable to believe that such an easement was intended.
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In re Kaleb K., No. 43, September Term, 2005,
COURT OF APPEALS OF MARYLAND, January 11, 2006, Filed
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Overview: Because petitioner, a juvenile, did not cite to and discuss the applicability of Md. Code Ann., Cts. & Jud. Proc. § 3-8A-13(b) (2001) before the trial court, rather he argued Md. Code Ann., Cts. & Jud. Proc. § 3-8A-10 (2002), his argument based upon § 3-8A-13(b) was not properly preserved for appellate review under Md. R. 8-131(a).
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Matoumba v. State, No. 47, September Term, 2005,
COURT OF APPEALS OF MARYLAND, January 12, 2006, Filed
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Overview: Because under Md. R. 5-101(b)(12), the evidentiary rules were inapplicable to suppression hearings, a police officer did not have to be qualified as an expert witness at the suppression hearing before the court heard evidence as to the officer's basis for frisking defendant. Thus, evidence of a gun was properly admitted.
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