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State Courts -
Maryland - November 14 - December 1, 2006
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Jeandell v. State, No. 113, September Term, 2005,
COURT OF APPEALS OF MARYLAND, November 15, 2006, Filed
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Overview: Conviction for violating Md. Code Ann., Crim. Proc. § 11-721(a) by knowingly failing to notify the State of a change in residences as required by Md. Code Ann., Crim. Proc. § 11-705(d) was reversed because defendant was homeless and thus, no rational trier of fact could have concluded defendant had "residence" within meaning of § 11-705(d).
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Twine v. State, No. 138, September Term, 2005,
COURT OF APPEALS OF MARYLAND, November 15, 2006, Filed
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Overview: Trial court erred in concluding defendant, who was homeless and living wherever he could, violated Md. Code Ann., Crim. Proc. § 11-721 by failing to provide notice of change of address, as Md. Code Ann., Crim. Proc. § 11-705(d) required defendant to register change of residence and "residence" required he have fixed location at which he was living.
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Walzer v. Osborne, No. 20, September Term, 2006,
COURT OF APPEALS OF MARYLAND, November 17, 2006, Filed
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Overview: In a medical malpractice suit, Md. Code Ann., Cts. & Jud. Proc. § 3-2A-04(b) was interpreted to mandate that the certificate of a qualified expert be completed, with an attesting expert report attached, and that dismissal of the claim without prejudice was the appropriate remedy when the claimant failed to attach the report in a timely manner.
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Allen v. State, No. 1805, September Term, 2004,
COURT OF SPECIAL APPEALS OF MARYLAND, November 30, 2006, Filed
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Overview: Conviction for unauthorized use under Md. Code Ann., Crim. Law § 7-203 was upheld where Maryland had power to prosecute because vehicle was unlawfully "carried" into Maryland, and jury was permitted to discount defendant's explanation and to infer from recent, exclusive possession that he was involved in removing vehicle from Virginia dealership.
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In re Adoption of Harold H., No. 0464, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, November 30, 2006, Filed
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Overview: Termination of mother's parental rights under Md. Code Ann., Fam. Law § 5-313, was affirmed as there no evidence of how mother, who suffered stroke, could maintain healthy and safe environment for minor while in nursing home, and mother exhibited symptoms of dementia, carried her own feces around, and walked away in the middle of a conversation.
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