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   State Courts - Maryland - June 8 - June 27, 2006

  
Frankel v. Frankel, No. 134, September Term, 2005, COURT OF APPEALS OF MARYLAND, June 8, 2006, Filed
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Fuller v. State, No. 147, September Term, 2005, COURT OF SPECIAL APPEALS OF MARYLAND, June 8, 2006, Filed
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Overview: Applicant's appeal of the trial court's denial, without a hearing, of applicant's post-sentence petition for commitment to the Alcohol and Drug Abuse Administration pursuant to Md. Code Ann., § 8-507 for treatment of his alcohol addiction was dismissed; no indication existed that the General Assembly intended that such a denial be appealable.

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Garg v. Garg, No. 97, September Term, 2005, COURT OF APPEALS OF MARYLAND, June 8, 2006, Filed
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Overview: UCCJA, not UCCJEA, applied to custody case, as it was filed before October 1, 2004. Special appeals court also erred in remanding case because trial court deferred ruling on motion to appoint counsel for minor child; there was no abuse of discretion, as issue was not urgent, given that child was with the wife, who did not raise the issue on appeal.

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Trembow v. Schonfeld, No. 64, September Term, 2005, COURT OF APPEALS OF MARYLAND, June 8, 2006, Filed
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Overview: A mother was not entitled to pursue a paternity action after a child's 18th birthday; however, had the mother established paternity prior to the child's 18th birthday, or the child had independently established the same, the mother or the child would have been entitled to seek child support from the alleged father of the destitute adult child.

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Charles County Comm'rs v. Johnson, No. 104, September Term, 2005, COURT OF APPEALS OF MARYLAND, June 9, 2006, Filed
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Overview: Intermediate appellate court properly vacated summary judgment grant to county board of commissioners and State after trial court found they were not liable under Md. Code Ann., Transp. §§ 19-101 and 19-102; triable issue existed of whether police directed decedent to participate in apprehending speeding motorist or in roadblock for that purpose.

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State v. Wilkins, No. 65, September Term, 2005, COURT OF APPEALS OF MARYLAND, June 9, 2006, Filed
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Overview: In murder case, sentencing judge's failure to recognize right to exercise discretion in imposition of sentence did not render life sentence illegal within meaning of Md. R. 4-345(a); sentence imposed was not illegal, and, therefore, alleged defect resulting from failure to acknowledge discretion to suspend sentence did not render it illegal.

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Thompson v. State, No. 110, September Term, 2005, COURT OF APPEALS OF MARYLAND, June 20, 2006, Filed
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Overview: Court of Special Appeals erred in affirming finding that evidence of defendant fleeing supported flight instruction given to jury; while flight instructions given in criminal cases were not per se improper, such "consciousness of guilt" did not exist in his case since another reasonable inference could be drawn that was not tied to crimes charged.

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Atty. Griev. Comm'n v. Hesson, Misc. Docket AG No. 70, September Term 2005, COURT OF APPEALS OF MARYLAND, June 27, 2006, Decided
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