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   State Courts - Maryland - October 11 - November 2, 2007

  
Atty. Griev. Comm'n v. Lawson, Misc. Docket AG No. 15, September Term, 2006, COURT OF APPEALS OF MARYLAND, October 11, 2007, Filed
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Overview: Attorney was indefinitely suspended from the practice of law with the right to reapply for admission after one year, as the attorney's act of threatening to withdraw from representation of a client if the client refused to pay additional legal fees constituted a violation of Md. R. Prof. Conduct 1.15 and 1.16.

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Evans v. Burruss, No. 1, September Term, 2007, COURT OF APPEALS OF MARYLAND, October 12, 2007, Filed
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Overview: Court found that neighbors had no due process rights to notice under the Fourteenth Amendment because a county code section applicable to the issuance of building permits created no right of notice in the neighbors when permits were issued to a property owner, nor did it create any additional property rights in the neighbors that they did not have.

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Atty. Griev. Comm'n of Md. v. Donegan, Misc. Docket AG No. 44, September Term, 2007, COURT OF APPEALS OF MARYLAND, October 15, 2007, Filed
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Atty. Griev. Comm'n v. Nussbaum, Misc. Docket AG No. 38, September Term, 2006, COURT OF APPEALS OF MARYLAND, October 15, 2007, Filed
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Overview: Attorney's misconduct in withdrawing escrow account funds to pay law firm operating expenses, and in misrepresenting to disciplinary commission his handling of those funds, violated Md. R. Prof. Conduct 1.15(a) and (b), 8.1(a), 8.4(c) and (d), Md. R. 16-607, Md. R. 16-609, and Md. Code Ann., Bus. Occ. & Prof. § 10-306, and warranted disbarment.

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Green v. Nassif, No. 11, September Term, 2007, COURT OF APPEALS OF MARYLAND, October 15, 2007, Filed
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Overview: State's highest court exercised its authority under Md. R. 8-602 and dismissed the estate representative's appeal of judgment that vacated the writ of prohibition that had sought to preclude a removal hearing, aimed at removing him from his position, from being held; subsequent proceedings in the case rendered estate representative's appeal moot.

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Am. Powerlifting Ass'n v. Cotillo, No. 6, September Term, 2007, COURT OF APPEALS OF MARYLAND, October 16, 2007, Filed
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Overview: Faculty sponsor, power-lifting association, and education board were properly granted summary judgment on an accident victim's claims of negligence because the victim, who voluntarily entered a power-lifting competition in which he was injured, assumed the usual and foreseeable risks of the sport when he entered the competition.

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State v. Williams, No. 39, September Term, 2007, COURT OF APPEALS OF MARYLAND, October 19, 2007, Filed
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Overview: Evidence taken from defendant's vehicle in a search following a pretextual traffic stop was suppressed because the search violated defendant's Fourth Amendment rights as the sheriff's deputy who stopped the vehicle did not have a reasonable articulable suspicion that the vehicle's rear window exceeded the level of tinting permitted by Maryland law.

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Madison-Sheppard v. State, No. 598, September Term 2006, COURT OF SPECIAL APPEALS OF MARYLAND, November 2, 2007, Filed
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Overview: Conviction for possession of cocaine was reversed, as officer lacked a "reasonable articulable suspicion" that defendant had committed a crime or was about to commit one when officer seized defendant and searched his person; among other things, the description the officer had was not sufficiently unique to permit a reasonable degree of selectivity.

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Mueller v. People's Counsel for Balt. County, No. 319, SEPTEMBER TERM, 2006, COURT OF SPECIAL APPEALS OF MARYLAND, November 2, 2007, Decided
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Overview: A trial court erred in reversing a zoning board of appeals' decision granting a variance to certain landowners to construct a dwelling on an undeveloped lot as the landowners met the requirements of the zoning ordinance regarding undersized lots and the nonconformity was not created by the landowners but by a change in the zoning law.

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Reese v. Dep't of Health & Mental Hygiene, No. 514, SEPTEMBER TERM, 2006, COURT OF SPECIAL APPEALS OF MARYLAND, November 2, 2007, Decided
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Overview: Judgment was vacated, and the case was remanded for administrative review of the denial of an application for admittance of a Medicaid recipient to a state residential center under Md. Code Ann., Health-Gen. §§ 7-502 and 7-503 because the right to procedural due process under the Fourteenth Amendment and Md. Const. Decl. Rights art. 24 was denied.

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