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| Rollins v. State, No. 19, September Term, 2005,
COURT OF APPEALS OF MARYLAND, May 5, 2006, Filed
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Overview: In defendant's trial for murder, an autopsy report, with the preparer's opinion as to the cause of the victim's death redacted, contained non-testimonial hearsay statements and was admissible under either the business or public records exceptions to the hearsay rule set forth in Md. R. 5-803(b)(6) or Md. Code Ann., Cts. & Jud. Proc. § 10-204.
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| Kelly v. State, No. 49, September Term, 2005,
COURT OF APPEALS OF MARYLAND, May 8, 2006, Filed
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Overview: Trial court violated right to compulsory process under U.S. Const. amend. VI and Md. Const. Decl. Rights art. 21, when, as predicate to allowing available witness to take stand, it required defense to proffer, in State's presence, content and theory of admissibility of witness's testimony; defendant was effectively denied right to present defense.
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| Dep't of Pub. Safety & Corr. Servs. v. Myers, No. 51, September Term, 2005,
COURT OF APPEALS OF MARYLAND, May 9, 2006, Filed
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Overview: When state employees said they were improperly placed, an administrative law judge (ALJ), as the final decision maker in the state employment grievance process, under Md. Code Ann., State Pers. & Pens. § 12-205(c)(2)(ii), could order their reclassification because their complaints were included in grievances for which an ALJ could grant relief.
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| Trip Assocs. v. Mayor & City Council, No. 58, September Term, 2003,
COURT OF APPEALS OF MARYLAND, May 9, 2006, Filed
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Overview: When a zoning appeals board limited a nightclub's nonconforming use, adult entertainment, to two nights a week, it was error to uphold the restriction on the ground that allowing more frequent adult entertainment would be an expansion of the use. Merely increasing the frequency of a nonconforming use was an intensification of it, not an expansion.
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| Brendsel v. Winchester Constr. Co., No. 66, September Term, 2005,
COURT OF APPEALS OF MARYLAND, May 10, 2006, Filed
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Overview: Intermediate appellate court did not err in affirming the trial court's judgment that granted the contractor's petition to compel arbitration of an arbitrable dispute, as the contractor did not waive its right to compel arbitration merely by seeking and obtaining an interlocutory mechanics' lien after construction contract dispute arose.
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| Greenstreet v. State, No. 55, September Term, 2005,
COURT OF APPEALS OF MARYLAND, May 11, 2006, Filed
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Overview: The evidence providing probable cause in a search warrant was stale under the circumstances of the case because it facially existed at a time so remote from the date of the affidavit as to render it improbable that the alleged violation of the law authorizing the search warrant was extant at the time application was made.
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| In re Blessen H., No. 71, September Term, 2005,
COURT OF APPEALS OF MARYLAND, May 11, 2006, Filed
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Overview: Acceptance of stipulated facts in a "child in need of assistance" petition by a mother's attorney was a sufficient waiver of the mother's right to a contested adjudicatory hearing under Md. Code Ann., Cts. & Jud. Proc. § 3-817. Because the proceeding could not result in the mother's confinement, due process did not require a personal waiver.
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| Massey v. Galley, No. 16, September Term, 2004,
COURT OF APPEALS OF MARYLAND, May 11, 2006, Filed
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Overview: The exhaustion of administrative remedies provision of the Prisoner Litigation Act, Md. Code Ann., Cts. & Jud. Proc. §§ 5-1001 through 5-1007, did not preclude an inmate's statutory cause of action seeking access to public records under Md. Code Ann., State Gov't §§ 10-611 through 10-628 since the request did not involve confinement conditions.
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| Giddins v. State, No. 84, September Term, 2005,
COURT OF APPEALS OF MARYLAND, May 12, 2006, Filed
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Overview: Where trial court declared mistrial because State elicited testimony from its first witness regarding search warrant that was inadmissible and that had been previously precluded by judge, Double Jeopardy Clause of Fifth Amendment did not bar retrial. Trial court did not rule on sufficiency or weight of State's evidence, only on its admissibility.
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