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| Atty. Griev. Comm'n v. McCulloch, Misc. Docket (Subtitle AG) No. 82, September Term, 2005,
COURT OF APPEALS OF MARYLAND, March 19, 2007, Filed
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Overview: Attorney's misconduct in abusing trust that client placed in attorney by spending money that belonged to client on the attorney, in refusing to promptly refund to client money she admittedly owed to the client, and in failing to promptly answer bar counsel's request for information about the matter warranted the attorney's indefinite suspension.
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| Pfeufer v. Cyphers, No. 141, September Term, 2004,
COURT OF APPEALS OF MARYLAND, March 19, 2007, Filed
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Overview: A testator could direct that inheritance taxes payable on his estate be paid from his residuary estate before apportionment among his residuary legatees even when Md. Code Ann., Tax-Gen. § 7-203(b)(2) (2004) exempted some residuary legatees from the payment of inheritance taxes, so that a non-exempt legatee was not solely responsible for the taxes.
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| Pye v. State, No. 113, September Term, 2004, No. 114, September Term, 2004 , No. 123, September Term, 2004,,
COURT OF APPEALS OF MARYLAND, March 19, 2007, Filed
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Overview: The legislature's increase of the penalty for a convicted person possessing a firearm did not overrule a decision that it did not merge with carrying a handgun because the legislature presumably knew of the decision. Md. Ann. Code art. 27, § 449(e)'s enhanced sentence required a conviction of a crime that was both a felony and a crime of violence.
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| Solorzano v. State, No. 93, September Term, 2006,
COURT OF APPEALS OF MARYLAND, March 19, 2007, Filed
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Overview: Life sentence, with all but 50 years suspended, that was not in accordance with plea agreement was vacated because trial court accepted terms of plea agreement, defendant pled guilty in reliance on trial court's acceptance, and as such, defendant was entitled to specific performance of that agreement, which provided for sentence of 12 to 20 years.
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| Atty. Griev. Comm'n v. Mba-Jonas, Misc. Docket (Subtitle AG), No. 53, September Term, 2005,
COURT OF APPEALS OF MARYLAND, March 20, 2007, Filed
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Overview: Maryland Attorney Grievance Commission's exception was sustained as hearing court's finding that attorney did not use funds intended for certain clients for them supported finding that he violated Md. R. 16-609 and Md. Code Ann., Bus. Occ. & Prof. § 10-306, as well as Md. R. Prof. Conduct 1.15 and Md. R. 16-604 and 16-607.
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| Cochran v. Norkunas, No. 43, September Term, 2006,
COURT OF APPEALS OF MARYLAND, March 20, 2007, Filed
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Overview: Intermediate appellate court properly reversed trial court's summary grant for property buyers after the trial court determined that an enforceable contract existed in a property sale; evidence did not show that parties intended to be bound by letter of intent and property buyer did not manifest acceptance of contract by mailing or other action.
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| Flores v. Bell, No. 65 September Term, 2006,
COURT OF APPEALS OF MARYLAND, March 20, 2007, Filed
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Overview: In a negligence action, it was not reversible error for the trial court to include a driver-identification question on the jury verdict sheet as there was no prejudice to the injured party where the question was answered in accordance with the parties' stipulation that the driver was liable for the accident.
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| Koons Ford of Balt., Inc. v. Lobach, No. 66, September Term, 2006,
COURT OF APPEALS OF MARYLAND, March 20, 2007, Filed
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Overview: Trial court's judgment denying car dealer's amended petition for order to arbitrate car buyer's Magnuson-Moss Warranty Act, 15 U.S.C.S. § 2301 et seq. (Act), claim was affirmed; claimants bringing claims under the Act could not be forced to resolve their claims through binding arbitration because United States Congress did not intend that result.
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| Thornton v. State, No. 62, September Term, 2005,
COURT OF APPEALS OF MARYLAND, March 20, 2007, Filed
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Overview: By holding petitioner responsible for his actions without finding the requisite intent for murder in the second degree, pursuant to Md. Code Ann., Crim. Law § 2-204, a trial judge erred and, in effect, shifted the burden of proof of the element of intent to petitioner thereby entitling petitioner to a new trial.
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