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   State Courts - Maryland - April 30 - May 2, 2007

  
Barber v. Catholic Health Initiatives, Inc., No. 2819, SEPTEMBER TERM, 2004, COURT OF SPECIAL APPEALS OF MARYLAND, April 30, 2007, Filed
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Overview: A wrongful death suit was dismissed in error based on the sufficiency of a timely filed Certificate of Qualified Expert under Md. Code Ann., Cts. & Jud. Proc. § 3-2A-04(b) due to the Certificate not renaming all 12 defendants and referring to them collectively as health care providers as appellants were entitled to seek a good cause extension.

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Johns Hopkins Hosp. v. Correia, No. 2453, September Term 2005, COURT OF SPECIAL APPEALS OF MARYLAND, April 30, 2007, Filed
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Overview: Trial judge did not err in instructing the jury as to the duty owed by a building owner to an accident victim because the owner owed passengers in its elevator the duty to exercise the highest degree of care and skill in operating and maintaining the device. Testimony was admissible under Md. R. 5-407 because it did not involve the causation issue.

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Rankin v. State, No. 2872, September Term, 2005, COURT OF SPECIAL APPEALS OF MARYLAND, April 30, 2007, Filed
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Overview: Probationary period was implicit in terms of plea agreement; although prosecutor did not specifically discuss probation, prosecutor told trial court only sentencing limitation was "active cap," executed part of sentence, was three years. Written agreement recited there could be additional suspended time giving court authority to impose probation.

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Yourik v. Mallonee, No. 0302, September Term, 2006, COURT OF SPECIAL APPEALS OF MARYLAND, May 1, 2007, Filed
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Overview: Trial court's finding that a mother established all the elements of adverse possession under Md. Code Ann., Real Prop. § 14-108(a) was affirmed because there was substantial evidence that the mother's occupancy of a property, to which she admitted that her son held the recorded title, was under a claim of right that was hostile to her son's claim.

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Atty. Griev. Comm'n v. Coffin, Misc. Docket AG No. 70, September Term, 2006, COURT OF APPEALS OF MARYLAND, May 2, 2007, Decided
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Atty. Griev. Comm'n v. Myers, Misc. Docket AG No. 72, September Term, 2006, COURT OF APPEALS OF MARYLAND, May 2, 2007, Decided
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Cornfeld v. State Bd. of Physicians, No. 0175, September Term, 2006, COURT OF SPECIAL APPEALS OF MARYLAND, May 2, 2007, Filed
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Overview: A physician's false statements to both a hospital peer review investigator and the State Board of Physicians involved the manner in which he practiced medicine and the manner in which he treated a patient and, therefore, constituted professional misconduct in the practice of medicine, in violation of Md. Code Ann., Health Occ. § 14-404(a).

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Maddox v. Stone, No. 1179, September Term, 2006, COURT OF SPECIAL APPEALS OF MARYLAND, May 2, 2007, Filed
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Overview: Judgment was vacated as it was abuse of discretion to strike mother's expert witness for failing to timely provide expert's report under Md. R. 2-402(f)(1)(A) without considering that Md. R. 2-504 was a rule of timing, not of substance, and that mother provided expert's report as soon as she received it, weeks before expert's deposition.

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Wilson v. State, No. 2185, SEPTEMBER TERM, 2005, COURT OF SPECIAL APPEALS OF MARYLAND, May 2, 2007, Decided
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Overview: Search of trunk of defendant's vehicle, including the trunk, after defendant was lawfully stopped for speeding, did not violate the Fourth Amendment, as police officer had probable cause to believe marijuana was somewhere in defendant's vehicle based on the odor of burnt marijuana the officer smelled after approaching defendant's vehicle.

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