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| Armstrong v. Mayor of Baltimore, No. 1704, September Term, 2004,
COURT OF SPECIAL APPEALS OF MARYLAND, September 1, 2006, Filed
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Overview: Trial court's judgment granting a city government's motion to dismiss the residential property owners' challenge to an ordinance the city government enacted was error, as the ordinance granted a conditional use, approval of it was administrative in nature, and, thus, it was an appealable zoning action under Md. Ann. Code art. 66B, § 2.09(a)(1).
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| Bailiff v. Woolman, No. 289, September Term, 2003,
COURT OF SPECIAL APPEALS OF MARYLAND, September 1, 2006, Filed
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Overview: Where trial court based its judgment in favor of estate and purchaser on alternative theories of constructive trust and adverse possession, where heir's appellate brief did not address constructive trust, and where heir did not file reply brief under Md. R. 8-502(a)(3), heir waived any claim of error on constructive trust holding.
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| Hernandez v. Hernandez, No. 1827, September Term, 2004,
COURT OF SPECIAL APPEALS OF MARYLAND, September 1, 2006, Filed
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Overview: Order granting wife divorce was vacated as trial court erred by denying husband's motion to stay under 50 U.S.C.S. app. § 522; husband's first motion satisfied § 522(b)(2)(A), setting forth dates husband was unavailable, and third motion containing letter from husband's commanding officer denying husband's leave request satisfied § 522(b)(2)(B).
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| State v. Logan, No. 100, September Term, 2005,
COURT OF APPEALS OF MARYLAND, September 1, 2006, Filed
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Overview: Special appeals court properly found that the trial court erred in finding defendant waived his Miranda rights regarding police interview concerning incident where he killed two police officers attempting to enforce psychiatric evaluation order; however, it did err in finding admission of confession in violation of Miranda was harmless error.
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| In re Karl H., No. 92, September Term, 2005,
COURT OF APPEALS OF MARYLAND, September 6, 2006, Filed
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Overview: A concurrent permanency plan ordered at the time of the permanency planning hearing, pursuant to Md. Code Ann., Cts. & Jud. Proc. § 3-823, and which provides for both reunification and adoption was an appealable interlocutory order under Md. Code Ann., Cts. & Jud. Proc. § 12-303(3)(x).
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| Martino v. Arfaa, No. 1795, September Term, 2004,
COURT OF SPECIAL APPEALS OF MARYLAND, September 6, 2006, Filed
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Overview: A trial court erred in dismissing a subcontractor's mechanic's lien petition for failure to adequately describe the property because the petition set forth the property's street address and included a tax assessment print-out and 141 photographs, which sufficiently pled a prima facie claim for a lien under Md. Code Ann., Real Prop. § 9-105.
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| Montgomery County v. Rotwein, No. 2414, September Term, 2004,
COURT OF SPECIAL APPEALS OF MARYLAND, September 6, 2006, Filed
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Overview: Trial court erred in reversing a decision by a county board of appeals to deny appellee's application for a zoning variance in order to construct a two-car garage on appellee's property, as alternative locations for the garage were available, and the claimed hardship was created by appellee based on the location of other improvements.
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| Owens v. State, No. 2397, SEPTEMBER TERM, 2004,
COURT OF SPECIAL APPEALS OF MARYLAND, September 7, 2006, Filed
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Overview: With regard to defendant's convictions for second degree depraved heart murder and related offenses, the trial court properly denied defendant's motion for a new trial since having a foreign national serve on the jury was an inadvertent mistake and defendant waived any challenge since he never attempted to verify the venire panel's qualifications.
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| Ware v. State, No. 2103, SEPTEMBER TERM, 2004,
COURT OF SPECIAL APPEALS OF MARYLAND, September 7, 2006, Filed
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Overview: A post-conviction court's new sentencing of defendant to life in prison without parole for two murders was upheld on appeal because the sentencing court was not required to obtain a third pre-sentence investigation (PSI) since Md. Code Ann., Corr. Servs. § 6-112(c) only required one PSI report to be completed in a case.
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