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   State Courts - Maryland - November 14 - December 1, 2006

  
Neifert v. Dep't of the Env't, No. 10, September Term, 2006, COURT OF APPEALS OF MARYLAND, November 14, 2006, Filed
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Overview: Lot owners' equal protection rights under U.S. Const. amend. XIV and Md. Const. Decl. Rights art. 24 were not violated. Policy delineating wetlands excluded from a sewer system when policy bore a rational relationship to state goals of fairness, fiscal integrity, and protection of ecological areas; no taking occurred as septic tanks were nuisances.

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Wilson v. Nationwide Mut. Ins. Co., No. 22, September Term, 2006, COURT OF APPEALS OF MARYLAND, November 14, 2006, Filed
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Overview: Employer and insurer were entitled to include fellow employee exclusion in a business automobile liability insurance policy because the policy maintained the minimum coverage required by the compulsory insurance laws of Md. Code Ann., Ins. § 19-504 and Md. Code Ann., Transp. § 17-103 and the exclusion only applied for amounts greater than minimum.

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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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Jones v. Peninsula Ins. Co., No. 78, September Term, 2006, COURT OF APPEALS OF MARYLAND, November 15, 2006, Filed
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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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Atty. Griev. Comm'n v. Sweitzer, Misc. Docket AG No. 69, September Term, 2005, COURT OF APPEALS OF MARYLAND, November 20, 2006, Filed
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Overview: Attorney was indefinitely suspended from practice of law for violating Md. R. Prof. Conduct 1.3 by failing to act with reasonable diligence and promptness in recording a deed conveying land, and Md. R. Prof. Conduct 8.4(b) and (c) when he presented Gift Certification From containing forged signature of former wife to Motor Vehicle Administration.

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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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Lab. Corp. of Am. v. Hood, Misc. No. 1, September Term, 2006, COURT OF APPEALS OF MARYLAND, December 1, 2006, Filed
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Overview: Appellate court answered certified questions concerning the choice of law in wrongful birth action by parents by finding that Maryland recognized an exception to the lex loci delicti rule, and that denying Maryland residents the right to bring a wrongful birth action by applying North Carolina law would violate the public policy of Maryland.

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