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   State Courts - Maryland - April 13 - April 27, 2007

  
Green v. Carr Lowery Glass Co., No. 104, September Term, 2006, COURT OF APPEALS OF MARYLAND, April 13, 2007, Filed
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Overview: Covered employee was not eligible for medical benefits, i.e. hearing aids, after his hearing was damaged under Md. Code Ann., Lab. & Empl. § 9-660 unless he was also eligible for compensation under both Md. Code Ann., Lab. & Empl. §§ 9-505 and 9-650.

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Pendleton v. State, No. 31, September Term, 2005, COURT OF APPEALS OF MARYLAND, April 13, 2007, Filed
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Overview: Trial court did not err in dismissing a claimant's amended complaint alleging that state representatives' negligence permitted a roommate to sexually and physically abuse the claimant at a group home where the claimant had been placed; the allegations were factually insufficient to plead a duty on the state representatives' part.

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Williamson v. State, No. 86, September Term, 2006, COURT OF APPEALS OF MARYLAND, April 13, 2007, Filed
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Overview: Trial court properly denied defendant's motion under the Fourth Amendment to suppress confession he made after he was detained during the execution of a search warrant at a house he had occupied and had just left, as the police had authority under Michigan v. Summers to detain him to promote officer safety while they searched for illegal narcotics.

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In re Lakeshia M., No. 96, September Term, 2006, COURT OF APPEALS OF MARYLAND, April 16, 2007, Filed
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Overview: Because defense counsel's representation that a juvenile did not understand her role, or that of the prosecutor, and that she suffered from bi-polar disorder was sufficient to draw into question the presumption of competence, the court should have conducted a competency inquiry pursuant to Md. Code Ann., Cts. & Jud. Proc. § 3-8A-17.1.

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Moscarillo v. Prof'l Risk Mgmt. Servs., No. 61, September Term, 2006, COURT OF APPEALS OF MARYLAND, April 16, 2007, Filed
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Overview: Intermediate appellate court properly affirmed trial court's summary judgment grant to the insurer, as insurance policy did not place duty on insurer to defend insured; allegations in underlying complaint against him were for intentional misconduct and policy expressly excluded coverage for such misconduct, which left no potential policy coverage.

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Edmund v. State, No. 94, September Term, 2006, COURT OF APPEALS OF MARYLAND, April 17, 2007, Filed
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Overview: State's highest court declined to dismiss charge against defendant in indictment for first-degree assault in violation of Md. Code Ann., Crim. Law § 3-202; that the State was unable to identify, by name, the person who defendant assaulted was not fatal to his conviction since it was not jurisdictional and he confessed to assaulting a human being.

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Harford County v. Saks Fifth Ave. Distrib. Co., No. 36, September Term, 2005, COURT OF APPEALS OF MARYLAND, April 17, 2007, Filed
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Overview: Intermediate appellate court correctly found that governmental entities owed interest to taxpayer on the money that governmental entities refunded to the taxpayer, pursuant to Md. Code Ann., Tax-Prop. §§ 14-603 and 14-611, but erred in finding payment of prejudgment interest was discretionary, as taxpayer was entitled to it as a matter of right.

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Wisneski v. State, No. 76, September Term, 2006, COURT OF APPEALS OF MARYLAND, April 18, 2007, Filed
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Overview: When defendant exposed himself to others at a home he was visiting, he was properly convicted of common law indecent exposure. The fact that exposure took place in a private home did not mean that it could not be public; rather, it required willfulness and observation by a casual observer who did not expect the exposure and who was offended by it.

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State v. Rush, No. 2007, September Term, 2006, COURT OF SPECIAL APPEALS OF MARYLAND, April 27, 2007, Filed
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Overview: Suppression of some statements made by defendant to the police was proper, because incriminating statements made after a detective made implied promises that defendant would receive special benefits by elimination or reduction of charges if she spoke were determined to have been involuntary.

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