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State Courts -
Maryland - March 20 - April 4, 2006
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Fields v. State, No. 311, September Term, 2004,
COURT OF SPECIAL APPEALS OF MARYLAND, March 30, 2006, Filed
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Overview: Trial court did not err in admitting evidence of defendant's nickname listed on a screen at a bowling alley; since such evidence was not an "assertion" under Md. R. 5-801(a), it was not a statement under that subsection, was not hearsay under Md. R. 5-801(c), and was admissible non-hearsay evidence.
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Maxwell v. State, No. 1882, September Term, 2003,
COURT OF SPECIAL APPEALS OF MARYLAND, March 30, 2006, Filed
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Overview: Trial court did not err in entering a judgment of conviction finding defendant guilty of attempted second degree rape a crime, as the legislature had made that offense a crime pursuant to Md. Code Ann., Crim. Law § 3-310, he had been indicted for violating that offense, and the evidence sufficiently support his conviction for that offense.
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Storetrax.com, Inc. v. Gurland, No. 418 & No. 1047, SEPTEMBER TERM, 2004,
COURT OF SPECIAL APPEALS OF MARYLAND, March 31, 2006, Filed
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Overview: A genuine dispute of material fact existed as to a corporation's claim that it fired a director for cause, in the director's suit for breach of an employment contract, and the corporation was not judicially estopped from this claim. The director sufficiently notified the corporation of his severance pay claim and did not breach his fiduciary duty.
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Cruz v. State, No. 1417, SEPTEMBER TERM, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, April 4, 2006, Filed
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Overview: Canine scan did not violate Fourth Amendment as dog and officer were lawfully were present at site of sniff; the officer and the dog had a right to stand outside the vehicle, which had been lawfully stopped for a traffic offense. In addition, window of vehicle was already open when dog jumped onto sill, and officer never instructed dog to jump.
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