Law Digest

Daily Record, The (Baltimore), Oct 27, 2008

MARYLAND COURT OF APPEALS

Administrative: Liquor license renewal: Circuit court properly affirmed the Board of License Commissioners' refusal to renew liquor license where the Board held a hearing on a third-party protest for renewal despite withdrawal of the protest. Pridgeon, et al. v. Board of License Commissioners for Prince George's County, No. 97, September Term 2007. RecordFax No. 8-1009-20, 12 pages.

Criminal Law: Fresh pursuit: Reasonable suspicion existed to believe that defendant committed a felony; therefore, police officers were authorized under the Uniform Act of Fresh Pursuit to enter into Maryland in fresh pursuit. Bost v. State, No. 98, September Term 2007. RecordFax No. 8-1015-21, 31 pages.

Criminal Procedure: Harmless error: Trial court's error in permitting forensic nurse examiner to render an expert opinion that complainant's injuries were consistent with rape was not harmless beyond a reasonable doubt. Hutchinson v. Maryland, No. 1, September Term, 2008. RecordFax No. 08-1008-21, 11 pages.

Criminal Procedure: Post-conviction: Court of Special Appeals erred in granting post-conviction relief where defendant waived claims that his right to due process was violated by trial court's erroneous jury instructions. State v. Adams, No. 38, September Term 2007. RecordFax No. 8-1015-20, 115 pages.

Real Property: Assignment of lease: Circuit court erred in granting summary judgment where issue of material fact existed as to whether landlord waived ability to contest validity of lease assignment and whether original tenant and landlord surrendered lease agreement. La Belle Epoque, LLC v. Old Europe Antique Manor, LLC, No. 127, September Term, 2007. RecordFax No. 8-1008-20, 26 pages.

MARYLAND COURT OF SPECIAL APPEALS

Civil Procedure: Personal jurisdiction: Circuit court properly dismissed personal injury suit where Maryland lacked jurisdiction over estate of deceased driver, a resident of the District of Columbia, even though the personal representative of the estate was a Maryland resident. Kortobi v. Kass, Personal Representative, et al No. 0295, September Term, 2007. RecordFax No. 08-1006-01, 20 pages.

Criminal Procedure: Examination of witness by the court: Circuit court abused its discretion in persistently questioning an officer and detective during their testimonies, thereby evidencing bias toward the State's position, and that error was not harmless. Smith v. State, No. 614, September Term, 2007. RecordFax No. 8-1006-03, 51 pages.

Family Law: Indefinite alimony: Circuit court erred in awarding substantial indefinite alimony to wife where she failed to produce evidence that her post-divorce standard of living would be unconscionably disparate in comparison to husband's standard of living. Lee v. Andochick, No. 2598, September Term 2006. RecordFax No. 08-1003-01, 34 pages.

Family Law: Witness testimony: Circuit court abused its discretion in issuing orders for emergency shelter care for children and the court should henceforth allow testimony of parents to present witness testimony that is relevant and probative. In re Damien F. & Terrell F.; In re Christian D. & Jenna J., Nos. 320 & 322, September Term 2008. RecordFax No. 8-1007-02, 42 pages.

Real Property: Fraudulent concealment: Circuit court erred in granting developer/seller's motion to dismiss where developer/ seller owed a duty to subsequent purchaser of home not to fraudulently conceal the existence of a cemetery on the land. Rhee, et al. v. Highland Development Corp., et al., No. 1765, September Term, 2007. RecordFax No. 08-1007-01, 32 pages.

Torts: Punitive damages: Circuit court properly denied motion for judgment notwithstanding the verdict where claim that punitive damages were improperly submitted to the jury based on deficient pleadings was waived. French v. Hines, No. 970, September Term, 2006. RecordFax No. 8-1003-00, 68 pages.

U.S. DISTRICT COURT, MARYLAND

Constitutional Law: Americans with Disabilities Act: District court granted summary judgment, finding that Americans with Disabilities Act required the Washington Redskins and FedEx Field to provide auxiliary aids or services to hearing-impaired football game attendees. Feldman v. Pro Football, Inc., No. AW-06-2266. RecordFax No. 8-0930-40, 24 pages.

Contracts: Breach of contract: Summary judgment denied on breach of contract claim filed by property management company against apartment complex because a factual dispute remained as to the circumstances surrounding contractual language. Ambling Management Co. v. University View Partners, LLC, et al., No. WDQ-07-2071. RecordFax No. 8-1008-40, 28 pages.