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   State Courts - Maryland - February 8 - February 12, 2007

  
Cox v. State, No. 39, September Term, 2006, COURT OF APPEALS OF MARYLAND, February 8, 2007, Filed
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Overview: State preserved for appellate review whether petitioner's arrest on outstanding warrant constituted an intervening circumstance sufficient to attenuate taint of arguably illegal stop of petitioner, and intermediate appellate court correctly ruled that trial court erred in granting motion to suppress, as arrest sufficiently attenuated any taint.

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Lloyd v. GMC Corp., No. 10, September Term, 2002, COURT OF APPEALS OF MARYLAND, February 8, 2007, Filed
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Overview: Trial court erred in dismissing a class action to recover the cost of repairing or replacing the front seats in vehicles from automobile companies, because claims based on economic loss were allowable, as the vehicle owners adequately pled that the allegedly defective seats created a substantial and unreasonable risk of death or personal injury.

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Mayor of Baltimore City v. Valsamaki, No. 55, September Term, 2006, COURT OF APPEALS OF MARYLAND, February 8, 2007, Filed
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Overview: Trial court properly denied a city's petition pursuant to Code of Public Local Laws of Baltimore City, Md., § 21-16(a), for quick-take condemnation of property, because the city failed to state any reasons why it was necessary for it to have immediate possession and immediate title to the particular property as required by the law.

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State v. Williams, No. 103, September Term, 2005, COURT OF APPEALS OF MARYLAND, February 8, 2007, Filed
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Overview: Guilty verdicts for attempted robbery with a dangerous weapon, assault in the first degree, and use of a handgun in the commission of a crime of violence and a felony were vacated due to a trial court's failure to acknowledge and explain inconsistent verdicts, as defendant was found not guilty of wearing, carrying, or transporting a handgun.

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Baby v. State, No. 225, September Term, 2005, COURT OF SPECIAL APPEALS OF MARYLAND, February 9, 2007, Filed
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Overview: Trial judge was obliged to answer jury's questions whether sex act initially engaged in with consent constituted rape if defendant continued after victim changed mind and that the answer was "no." Admission of expert testimony on rape trauma syndrome was proper as it was not employed to establish the criminal event or credibility.

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Cathcart v. State, No. 64, September Term, 2006, COURT OF APPEALS OF MARYLAND, February 9, 2007, Filed
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Overview: A life sentence, with all but ten years suspended, upon a false imprisonment conviction, without probation, consecutive ten years for first degree assault, was not illegal, under Md. Code Ann., Crim. Proc. § 6-222, as the false imprisonment sentence, despite its wording, was not a life sentence and had no collateral consequence of a life sentence.

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Del Marr v. Montgomery County, No. 60, September Term, 2006, COURT OF APPEALS OF MARYLAND, February 9, 2007, Filed
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Overview: Intermediate appellate court correctly affirmed trial court's decision that held that in reopening a workers' compensation case and making a new, increased award, a credit should be awarded for the number of weeks of credit of paid compensation made in the prior award, as language of Md. Code Ann., Lab. & Empl. § 736(a) dictated that result.

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Piven v. Comcast Corp., No. 48, September Term, 2006, COURT OF APPEALS OF MARYLAND, February 9, 2007, Filed
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Overview: Judgment was affirmed as trespass action for land located in Baltimore City could not be joined with trespass action for land located in Baltimore County. Venue was improper in Baltimore County under Md. Code Ann., Cts. & Jud. Proc. §§ 6-203(b) or 6-202(7) with respect to Baltimore City property since it was located in Baltimore City.

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Volodarsky v. Tarachanskaya, No. 50, September Term, 2006, COURT OF APPEALS OF MARYLAND, February 9, 2007, Filed
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Overview: It was by using the preponderance of the evidence standard that a judge determined whether reasonable grounds of abuse existed pursuant to Md. Code Ann., Fam. Law § 9-101(a). A trial court's finding that it was not persuaded by a preponderance of the evidence that a father had abused the child was not improper.

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Fritszche v. Md. State Bd. of Elections, No. 73, September Term, 2006, COURT OF APPEALS OF MARYLAND, February 12, 2007, Filed
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Overview: Trial court did not err in denying the voter's injunctive relief requests to have her general election ballot counted despite the fact that it was mailed one day after the allowed administrative regulation date set forth in Md. Code Regs. 33.11.03.08(b); State had right to exclude counting of noncompliant votes to safeguard election process.

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