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| Comptroller of Md. v. Miller, No. 02505, SEPTEMBER TERM, 2004,
COURT OF SPECIAL APPEALS OF MARYLAND, June 29, 2006, Filed
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Overview: A trial court erred in affirming an agency decision that held that a state employee temporarily assigned to a remote work site could properly treat as compensable work time the amount of time involved in her normal commute from home to her assigned office since such interpretation would unjustly enrich the employee.
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| Law Offices of Taiwo Agbaje, P.C. v. JLH Props., II, LLC, No. 2705, SEPTEMBER TERM, 2004,
COURT OF SPECIAL APPEALS OF MARYLAND, June 29, 2006, Filed
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Overview: Trial court erred in granting summary judgment to a lessor as to an ejectment action under Md. Code Ann., Real Prop. § 8-401 (1974, 2003 Repl. Vol.), because the issue of how much of the total rent owed by a lessee was abated by sewage leakage in the property was an issue of fact for the jury to decide.
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| Whitaker v. Whitaker, No. 0970, September Term, 2004,
COURT OF SPECIAL APPEALS OF MARYLAND, June 29, 2006, Filed
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Overview: Trial court erred in ruling in favor of a vendor in a dispute over property because the agreement between the vendor and a purchaser was a land installment contract under Md. Code Ann., Real Prop. § 10-101(b), the vendor failed to record the agreement as required by law, and thus the purchaser was entitled to a refund of principal and interest.
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| Cathcart v. State, No. 2758, September Term, 2004,
COURT OF SPECIAL APPEALS OF MARYLAND, June 30, 2006, Filed
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Overview: Imposition of 10-year sentence for false imprisonment was not so disproportionate as to constitute cruel and unusual punishment. Evidence defendant punched victim repeatedly in face while choking her was sufficient to allow jury to infer defendant attempted to cause serious physical injury to victim and to support first degree assault conviction.
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| Clark v. O'Malley, No. 276, SEPTEMBER TERM, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, June 30, 2006, Filed
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Overview: A trial court erred in granting judgment as a matter of law in favor of the City of Baltimore with regard to a declaratory suit brought by its former police commissioner seeking reinstatement because the City was not authorized to assert such a degree of control over the police department with regard to terms of office and grounds for removal.
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| Wyatt v. State, No. 2910, September Term, 2004,
COURT OF SPECIAL APPEALS OF MARYLAND, June 30, 2006, Filed
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Overview: As prior conviction for attempted felony theft was conviction for misdemeanor for which defendant could have been subjected to prison term of more than two years, trial court did not err by ruling he could be found liable for possessing regulated firearm after conviction of "disqualifying crime" under Md. Code Ann., Pub. Safety § 5-133(b)(1).
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| Brown v. State, No. 154, September Term 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, July 3, 2006, Filed
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Overview: Where pattern jury instruction on imperfect self-defense was improperly amended to allow for lesser conviction of assault, amendment was not plain error under Md. R. 4-325(e). Counsel had tactical reason for failing to object to instruction. There was remote possibility that jury would have believed that imperfect self-defense was applicable.
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| Lamb v. Kontgias, No. 0583, September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, July 3, 2006, Filed
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Overview: Appellants, who had registered as crime victim and a victim representative but who were not informed of hearing on appellee's motion to reconsider sentence, did not have standing to appeal because appellants were not parties to criminal case in which appellee was convicted of child sexual abuse and could not obtain relief from appellee's sentence.
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| Md. Cas. Co. v. Hanson, No. 819, September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, July 3, 2006, Filed
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Overview: Where there was proof, as in the case of the children at issue, of repeated exposure to lead that resulted in lead-based poisoning injuries that continued for several years with continuous exposure, insurance coverage, under the continuous injury or injury-in-fact trigger, existed during all applicable policy periods under the insurer's policies.
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| State v. McClellan, No. 1647, September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, July 3, 2006, Filed
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Overview: Inmate was properly granted post conviction relief and was entitled to new trial where trial counsel failed to object to a jury instruction on reasonable doubt, which instruction clearly impressed upon the jury that the inmate could be convicted by a preponderance of the evidence or some standard less than "beyond a reasonable doubt."
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