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   State Courts - Maryland - June 8 - June 19, 2007

  
Clipper Windpower, Inc. v. Sprenger, No. 136, September Term, 2005, COURT OF APPEALS OF MARYLAND, June 8, 2007, Filed
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Overview: Landowners' petitions for judicial review of an order by the Maryland Public Service Commission were dismissed because they were untimely under Md. R. 7-203 as the time for filing a petition for judicial review was not stayed by an association's' application for a rehearing when the request was invalid under Md. Code Ann., Pub. Util. Cos. § 3-114.

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Longshore v. State, No. 139, September Term, 2004, COURT OF APPEALS OF MARYLAND, June 8, 2007, Filed
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Overview: Defendant was arrested when handcuffed and evidence, including videotape showing no drug activity, trace amounts of drugs with no connection to defendant, prior criminal record, nervous behavior and inconsistent results from drug dog, did not provide probable cause for arrest. Admission of testimony defendant refused to consent to search was error.

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Smith v. State, No. 135, September Term, 2006, COURT OF APPEALS OF MARYLAND, June 8, 2007, Filed
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Overview: Once criminal court transferred jurisdiction to juvenile court for disposition of juvenile's criminal charges under Md. Code Ann., Crim. Proc. § 4-202.2, juvenile court could not remand case to criminal court to sentence juvenile as adult because doing so contradicted purpose of juvenile justice system and frustrated § 4-202.2's legislative intent.

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McDaniel v. Am. Honda Fin. Corp., No. 108, September Term, 2006, COURT OF APPEALS OF MARYLAND, June 12, 2007, Filed
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Overview: Trial court's judgment that dismissed lessees' first-amended complaint alleging lessor was charging interest in violation of Md. Const. art. III, § 57 based on late fees lessor charged pursuant to auto lease agreements was affirmed; late fees were permissibly imposed pursuant to Md. Code Ann., Com. Law § 14-2002(g)(1)(i) and were not "interest."

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Atty. Griev. Comm'n v. George, Misc. Docket AG No. 84, September Term, 2006, COURT OF APPEALS OF MARYLAND, June 13, 2007, Filed
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Erie Ins. Exch. v. Heffernan, Misc. No. 2, September Term, 2006, COURT OF APPEALS OF MARYLAND, June 13, 2007, Filed
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Overview: Although insurance contract was formed in Maryland, decedent died in an accident in Delaware; thus, Delaware substantive law applied to any tort aspects of the case, including whether the insureds were "entitled to recover," as that term was used in both Md. Code Ann., Ins. § 19-509, and the policies in question.

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Archdiocese of Wash. v. Moersen, No. 69, September Term, 2005, COURT OF APPEALS OF MARYLAND, June 14, 2007, Filed
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Overview: Free Exercise Clause and Md. Const. Decl. Rights art. 36 did not preclude organist's employment discrimination claims under Title VII of Civil Rights Act of 1964. Organist was not covered by ministerial exceptions under 42 U.S.C.S. §§ 2000e-1(a) and 2000e-2(e) as his role did not involve church governance, or require spreading of faith.

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Atty. Griev. Comm'n v. Graham, Misc. Docket AG No. 86, September Term, 2006, COURT OF APPEALS OF MARYLAND, June 19, 2007, Decided
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Atty. Griev. Comm'n v. Schneider, Misc. Docket AG No. 85, September Term 2006, COURT OF APPEALS OF MARYLAND, June 19, 2007, Decided
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