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   State Courts - Maryland - January 6 - January 12, 2006

  
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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Clendenin Bros. v. U.S. Fire Ins. Co., Misc. No. 2, September Term, 2005, COURT OF APPEALS OF MARYLAND, January 6, 2006, Filed
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Overview: Total pollution exclusion insurance policy language was ambiguous in context of manganese welding fumes and because allegations that proper use of the insureds' welding products caused harmful localized fumes containing manganese potentially could be covered under relevant insurance policies, insurer had duty to defend and/or indemnify insureds.

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Beilis v. Am. Radiology Assocs., P.A., No. 108, September Term, 2005, COURT OF APPEALS OF MARYLAND, January 9, 2006, Filed
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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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Fields v. State, No. 115, September Term, 2005, COURT OF APPEALS OF MARYLAND, January 11, 2006, Filed
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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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Lowery v. State, No. 116, September Term, 2005, COURT OF APPEALS OF MARYLAND, January 11, 2006, Filed
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Wilson v. State, No. 117, September Term, 2005, COURT OF APPEALS OF MARYLAND, January 11, 2006, Filed
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Comptroller of the Treasury v. Blanton, No. 15, September Term, 2005, COURT OF APPEALS OF MARYLAND, January 12, 2006, Filed
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Overview: Trial court erred in finding "tax credit" in Md. Code Ann., Tax-Gen. § 10-703(a) applied to both state and local income taxes for purpose of an individual's income tax liability; legislature did not intend term "only against the State income tax credit" in that statute to include local income tax in determining which type of tax received credit.

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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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