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   State Courts - Maryland - March 7 - March 12, 2007

  
Carter v. State, No. 728, September Term, 2005, COURT OF SPECIAL APPEALS OF MARYLAND, March 7, 2007, Filed
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Overview: Defendant never received from the court the advice concerning waiver of counsel required by Md. R. 4-215(a)(1)-(5) because the lawyer who had entered an appearance as defendant's counsel of record before arraignment was allowed to withdraw from the case before trial. Therefore, reversal was required.

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Harris v. State, No. 0536, September Term, 2005, COURT OF SPECIAL APPEALS OF MARYLAND, March 7, 2007, Filed
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Overview: Defendant was not entitled to new trial for alleged failure to swear in jury where trial court recalled swearing in the jury and defendant failed to offer evidence to the contrary. Trial court acted within its broad discretion in limiting defense counsel's inferential references to unrelated cases. Admission of photographs of victim was not error.

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Massey v. State, No. 0546, September Term, 2005, COURT OF SPECIAL APPEALS OF MARYLAND, March 7, 2007, Filed
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Overview: Officer had probable cause to arrest defendant based on informant's information which was found to be trustworthy, as it was provided in face to face interview with officer. State was obligated to provide defense with report prepared by police officer who testified as State's witness and trial court erred by not directing State to disclose report.

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Addison v. State, No. 1444, September Term, 2005, COURT OF SPECIAL APPEALS OF MARYLAND, March 8, 2007, Filed
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Overview: Defendant's appeal of the denial of a motion for ex parte hearings regarding his use and disclosure of confidential records of the alleged victim that he had previously subpoenaed and reviewed in the court's chambers was dismissed, because the denial of the motion was not immediately reviewable under the collateral order doctrine.

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Montgomery County v. Wildwood Med. Ctr., L.L.C., No. 2280, September Term, 2005, COURT OF SPECIAL APPEALS OF MARYLAND, March 8, 2007, Filed
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Overview: Circuit court judgment was reversed, and the case was remanded with instruction to reverse a Maryland Tax Court decision because a limited liability company was not entitled to a refund of the recordation and transfer taxes that it paid upon the recordation of a deed from a general partnership as the partnership did not have title to the property.

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Williams v. State, No. 1963, September Term, 2005, COURT OF SPECIAL APPEALS OF MARYLAND, March 8, 2007, Filed
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Overview: Although evidence was sufficient to permit inference defendant had ability to return rental vehicles, knew vehicles were overdue, and possessed requisite mens rea, remand was necessary as trial court did not regard scienter as element of crime and failure return vehicle was not sufficient to support conviction; general criminal intent was required.

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Atty. Griev. Comm'n v. Tatelbaum, Misc. Docket AG No. 39, September Term, 2006, COURT OF APPEALS OF MARYLAND, March 12, 2007, Filed
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Comptroller of the Treasury v. Colonial Farm Credit, ACA, No. 2439, SEPTEMBER TERM, 2005, COURT OF SPECIAL APPEALS OF MARYLAND, March 12, 2007, Filed
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Overview: State tax court erred as a matter of law in finding that the closing agreements that the credit association entered into with the Internal Revenue Service (IRS) were merely representative of a settlement with the IRS; pursuant to 26 U.S.C.S. § 7121(b), those agreements actually established the credit association's federal taxable income.

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In re Ondrel M., No. 2898, September Term, 2005, COURT OF SPECIAL APPEALS OF MARYLAND, March 12, 2007, Filed
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Overview: An officer was properly allowed to testify that the odor he smelled coming from a car was marijuana. The testimony of a police officer who was capable of identifying marijuana by smell through past experience that he smelled marijuana was lay opinion testimony under Md. R. 5-701; an expert was not required to identify the odor of marijuana.

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Montgomery Investigative Servs. v. Horne, No. 2849, September Term, 2005, COURT OF SPECIAL APPEALS OF MARYLAND, March 12, 2007, Filed
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Overview: Denial of investigation company and investigation company employee's motion for judgment as matter of law on employee's defamation claim against them was affirmed, as evidence showed they abused qualified privilege, but grant of employer's same motion in its favor was error, as whether it abused qualified privilege was an issue for trier of fact.

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