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| Hubbard v. State, No. 7, September Term, 2006,
COURT OF APPEALS OF MARYLAND, October 17, 2006, Filed
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Overview: Trial judge erred in granting State's motion for mistrial based on manifest necessity as there was reasonable alternative to decision to declare mistrial; exclusion of identification testimony would have remedied situation caused by joint prosecution. In addition, State created conundrum and thus, could not benefit from manifest necessity analysis.
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| Lowden v. Bosley, No. 78, September Term, 2005,
COURT OF APPEALS OF MARYLAND, October 17, 2006, Filed
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Overview: The declaration governing property did not prohibit the rental of the neighbors' homes on a short-term basis because such use was not contrary to a "single family residential purpose." The fact that an owner received rental income was not, in any way, inconsistent with the property being used as a residence.
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| Jones v. State, No. 120, September Term, 2005,
COURT OF APPEALS OF MARYLAND, October 18, 2006, Filed
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Overview: Trial court erred in refusing to allow defense counsel at motions hearing to call the detective who the presented photo array; it was not reasonable to require specific factual allegations of suggestivity. Evidence was insufficient to support burglary conviction where State failed to present evidence of breaking, either actual or constructive.
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| Legum v. Brown, No. 13, September Term, 2006,
COURT OF APPEALS OF MARYLAND, October 18, 2006, Filed
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Overview: A trial court erred by not granting full faith and credit to a Colorado judgment against a Maryland decedent's estate as the copy of the judgment was attested in the manner required by Md. Code Ann., Cts. & Jud. Proc. §§ 10-204 and 11-802, and the failure to comply with Md. Code Ann., Est. & Trusts § 8-103 was not a jurisdictional defense.
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| Stromberg Metal Works, Inc. v. Univ. of Md., No. 6, September Term, 2006,
COURT OF APPEALS OF MARYLAND, October 18, 2006, Filed
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Overview: A subcontractor who had obtained the amount of a university's renovation project's composite dollar figure estimate via various record requests, was not entitled to costs and attorneys' fees under Md. Code Ann., State Gov't § 10-623(f) since the information obtained was for the subcontractor's own pecuniary benefit and of no public interest.
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| Maryland-National Capital Park & Planning Comm'n v. Anderson, No. 112, September Term, 2005,
COURT OF APPEALS OF MARYLAND, October 19, 2006, Filed
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Overview: A park police commission was not entitled to seek judicial review of an administrative trial board's not guilty decision with regard to the conduct of a police officer as a not guilty decision did not meet the additional requirements for review set forth in Md. Code Ann., Pub. Safety § 3-108(c)(1) or (d)(1).
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| Mayor of Baltimore v. Whalen, No. 101, September Term, 2005,
COURT OF APPEALS OF MARYLAND, October 19, 2006, Filed
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Overview: Appellate court erred in reversing the trial court's grant of summary judgment to petitioners on respondent's personal injury action, as a city was entitled to governmental immunity with respect to claims arising from alleged negligence in the maintenance of a public park when the alleged injury took place outside the boundaries of a public way.
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| Blake v. State, No. 88, September Term, 2005,
COURT OF APPEALS OF MARYLAND, October 24, 2006, Filed
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Overview: A trial court erred by summarily dismissing appellant's petition requesting an evidentiary hearing and DNA testing of evidence used by the State at his trial based on an unsworn and unverified memo that the evidence no longer existed because Md. Code Ann., Crim. Proc. § 8-201(i) required notice to appellant and a hearing before disposal.
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| Myers v. State, No. 132, September Term, 2005,
COURT OF APPEALS OF MARYLAND, October 24, 2006, Filed
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Overview: An outstanding arrest warrant discovered subsequent to an illegal traffic stop and detention was sufficient to attenuate the taint of an unconstitutional seizure. Thus, despite petitioner's arrest and seizure in Pennsylvania being illegal, a trial court properly denied his motion to suppress the evidence seized since an outstanding warrant existed.
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| Thompson v. State, No. 87, September Term, 2005,
COURT OF APPEALS OF MARYLAND, October 24, 2006, Filed
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Overview: A trial court abused its discretion by issuing an unconditional preservation order of appellant's DNA testing, pursuant to Md. Code Ann., Crim. Proc. § 8-201, without first determining that preservation of some sample for replicate testing and analysis was even possible.
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