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State Courts -
Maryland - May 10 - May 18, 2007
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Educ. Testing Serv. v. Hildebrant, No. 115, September Term, 2006,
COURT OF APPEALS OF MARYLAND, May 10, 2007, Filed
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Overview: Appellate court erred in reversing a grant of summary judgment to a testing service as to plaintiff's breach of contract action, because plaintiff's claim that a test proctor improperly interpreted the testing rules was a "he said, she said" argument, and the service had a contractual right to rely on the report of the test proctor.
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Quillens v. Moore, No. 114, September Term, 2006,
COURT OF APPEALS OF MARYLAND, May 10, 2007, Filed
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Overview: Intermediate appellate court's judgments in favor of individual and municipality, respectively dismissing the owners' appeal and affirming judgment setting redemption amount, were affirmed; trial court's rulings were not final, appealable judgments and owners did not tender unpaid taxes that were owed, which was required to challenge tax sales.
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Patterson Park Pub. Charter Sch., Inc. v. Balt. Teachers Union, AFT Local 340, AFL-CIO, No. 99, September Term, 2006,
COURT OF APPEALS OF MARYLAND, May 11, 2007, Filed
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Overview: The State Board of Education properly denied a request for waivers of Md. Code Ann., Educ. §§ 4-103(a) and 6-201, but erred in granting a waiver under Md. Code Ann., Educ. § 9-108(a) as Md. Code Ann., Educ. § 9-106(c) allowed waiver of provisions related to all public schools, but Md. Code Ann., Educ. tit. 9 applied only to public charter schools.
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Stewart v. State, No. 81, September Term, 2006,
COURT OF APPEALS OF MARYLAND, May 11, 2007, Filed
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Overview: Trial judge did not abuse discretion in declining to ask questions that were not reasonably likely to reveal cause for disqualification and that did not deal with facts of case, crime, witnesses, or defendant. Trial court properly refused to ask questions to identify jurors with attitudes or associations to aid in exercise of peremptory challenges.
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In re Roberto D. B., No. 110, September Term, 2002,
COURT OF APPEALS OF MARYLAND, May 16, 2007, Filed
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Overview: In action alleging violation of Maryland Equal Rights Amendment, based on fact that trial court refused to remove name of gestational carrier from birth certifications, court of appeals held that Md. Code Ann., Health-Gen. § 4-211, did not preclude the court from issuing an order authorizing a birth certificate that did not list the mother's name.
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Gordon v. Gordon, No. 976, SEPTEMBER TERM, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, May 18, 2007, Filed
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Overview: District court erred in awarding former wife a credit in the amount she contributed to the purchase of the marital home because the home was titled to the parties as tenants by the entirety; thus, under Md. Code Ann., Fam. Law § 8-201(e)92), the parties were co-equal owners of the home, which was entirely marital property.
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