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IN THE COURT OF APPEALS OF MARYLAND SCHEDULE Thursday, March 6, 2008: Bar Admissions
ISSUE - CRIMINAL LAW - WAS THE EVIDENCE SUFFICIENT TO CONVICT THE DEFENDANT OF EXTORTION BY ECONOMIC THREAT? Attorney for Appellant: Brian Kleinbord
ISSUE - DECLARATORY JUDGMENTS - DOES MARYLAND'S DECLARATORY JUDGMENT ACT REQUIRE THAT THE TRIAL JUDGE'S TRANSCRIBED OPINION BE ATTACHED TO THE DECLARATORY JUDGMENT ORDER ISSUED TO THE PARTIES? Attorney for Appellant: Benjamin J. Woolery
No. 89 Neil Morano Montgomery v. State of Maryland ISSUE - CRIMINAL LAW - DOES A "SPRINGING SENTENCE" VIOLATE MARYLAND LAW? Attorney for Appellant: Peter Rose
No. 92 Appleton Regional Community Alliance et al. v. The County Commissioners of Cecil County ISSUE - ADMINISTRATIVE LAW - IS A VOICE VOTE WITHOUT DISCUSSION OR A WRITTEN DECISION BY THE COMMISSIONERS TO AMEND THE MASTER WATER AND SEWER PLAN A FINAL DECISION SUBJECT TO JUDICIAL REVIEW? Attorney for Appellant: G. Macy Nelson Friday, March 7, 2008: AG 53 Attorney Grievance Commission of Maryland v. H. Allen Whitehead Attorney for Petitioner: Melvin Hirshman
ISSUE - CRIMINAL LAW - MAY A DEFENDANT BE CONVICTED AND SENTENCED FOR STATUTORY THEFT UNDER $500.00 WHEN THE VALUE OF THE STOLEN PROPERTY WAS UNDER $100.00 UNDER A SEPARATE STATUTE? Attorney for Appellant: Nancy Forster
ISSUE - CIVIL PROCEDURE - ARE ALL THE JUDGMENTS RESOLVING CLAIMS AGAINST ALL DEFENDANTS OTHER THAN THE SEVERED BANKRUPT DEFENDANTS FINAL APPEALABLE JUDGMENTS? Attorney for Appellant: Ronald Richardson No. 98 Robert L. Bost v. State of Maryland ISSUE - CRIMINAL LAW - DID WASHINGTON D.C. POLICE OFFICERS WHO FOLLOWED THE DEFENDANT FROM D.C. INTO MARYLAND WHERE HE WAS ARRESTED VIOLATE THE UNIFORM ACT ON FRESH PURSUIT? Attorney for the Appellant: Julia C. Schiller Monday, March 10, 2008: No. 90 Donovan Strickland v. State of Maryland ISSUE - CRIMINAL LAW - DID THE TRIAL JUDGE ERR IN CONDUCTING HIS OWN EX PARTE INVESTIGATION CONCERNING THE PLEA AGREEMENT AND THEN REFUSING TO RECUSE HIMSELF WHEN HE BECAME A FACT WITNESS? Attorney for Appellant: Deborah S. Richardson No. 103 Washington Suburban Sanitary Commission et al. v. Colleen Bowen et al. ISSUE - ADMINISTRATIVE LAW - DOES LEGISLATIVE IMMUNITY APPLY TO THE COMMISSION'S ABOLITION OF MERIT POSITIONS THROUGH THE LEGISLATIVE BUDGET REVIEW PROCESS? Attorney for Appellant: James L. Shea
ISSUE - CRIMINAL LAW - DID THE TRIAL JUDGE PROPERLY DENY THE DEFENDANT'S MOTION THAT THE TRIAL JUDGE RECUSE HIMSELF FROM THE CASE?
ISSUE - CONTRACTS - UNDER A PROPERTY SETTLEMENT AGREEMENT SHOULD A PARTY BE REIMBURSED THE CONSIDERATION SHE GAVE UNDER THE AGREEMENT WHEN THE OTHER PARTY IS EXCUSED FROM PERFORMANCE? Attorney for Appellant: Charles S. Rand No. 121 Michael D. Smigiel, Sr. et al. v. Peter Franchot, et al. ISSUE - CONSTITUTIONAL LAW - MAY LAW MAKERS DELEGATE DECISIONS TO VOTERS BY PASSING STATUTES WHICH ARE CONTINGENT UPON POPULAR APPROVAL OF DUPLICITOUS CONSTITUTIONAL AMENDMENTS? No. 97 Frank G. Pridgeon, Sr. et al. v. Board of License Commissioners for Prince George’s County ISSUE - ADMINISTRATIVE LAW - DOES A PROTEST GROUP'S WITHDRAWAL OF ITS PROTEST TO THE RENEWAL OF AN ALCOHOLIC BEVERAGE LICENSE EXCUSE THE NEED FOR A LICENSE HEARING? Attorney for Appellant: Robert J. Kim
ISSUE - MARYLAND CONDOMINIUM ACT (ACT) - DOES THE ACT REQUIRE A CONDOMINIUM ASSOCIATION TO REPAIR OR REPLACE DAMAGED PORTIONS OF A CONDO UNIT FOLLOWING A CASUALTY LOSS? Attorneys for Appellant: Matthew S. Tidball and Jonathan R. Clark No. 101 Comptroller of the Treasury v. Science Applications International Corporation ISSUE - TAXATION - MAY THE COMPTROLLER REFUSE TO PAY INTEREST ON A REFUND THAT RESULTED FROM THE TAXPAYER'S OWN ERROR CONCERNING ITS TAX LIABILITY? Attorney for Appellant: Gerald Langbaum On the day of argument, counsel are instructed to register in the Clerk’s Office no later than 9:30 a.m. unless otherwise notified. After March 11, 2008, the Court will recess until April 3, 2008.
ALEXANDER L. CUMMINGS
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