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IN THE COURT OF APPEALS OF MARYLAND SCHEDULE Thursday, April 3, 2008: Bar Admissions No. 105 VNA Hospice of Maryland v. Department of Health and Mental Hygiene ISSUE - CONSTITUTIONAL LAW - IS A STATE STATUTE REVOKING A HOME-BASED HOSPICE LICENSE UNCONSTITUTIONAL? Attorney for Appellant: Stephen J. Sfekas ISSUE - CRIMINAL LAW - WAS THE DEFENDANT'S SENTENCE ILLEGALLY INCREASED WHEN THE TRIAL JUDGE VACATED THE SENTENCE OF PROBATION AND REIMPOSED A SENTENCE OF INCARCERATION? Attorney for Appellant: Brian L. Zavin ISSUE - EMPLOYMENT - MAY AN EMPLOYER FORFEIT A COMMISSION EARNED BY AN EMPLOYEE PRIOR TO THE EMPLOYEE'S TERMINATION BUT WITH THE COMMISSION NOT CALCULATED UNTIL AFTER TERMINATION? Attorney for Appellant: Kimberly A. Kline ISSUE - CRIMINAL LAW - DID THE POLICE OFFICER VIOLATE THE DEFENDANT'S FOURTH AMENDMENT RIGHT AGAINST UNREASONABLE SEIZURE? Attorney for Appellant: Marc A. DeSimone, Jr. ISSUE - TAXATION - DOES THE CONSTITUTION PERMIT AND MARYLAND LAW REQUIRE A SALES TAX ON 900-NUMBER TELEPHONE CALLS? Attorney for Appellant: Paul Water Friday, April 4, 2008: No. 93 MRA Property Management, Inc. et al. v. Susan Armstrong et al. ISSUE - MARYLAND CONSUMER PROTECTION ACT (ACT) - DOES THE ACT APPLY TO REPRESENTATIONS MADE TO POTENTIAL PURCHASERS OF CONDOMINIUM UNITS IN THE SALE OF THE UNITS? Attorneys for Appellant: Robert L. Ferguson, Jr. and Steven E. Leder Attorney for Appellant: Thomas J. Cosgrove ISSUE - CRIMINAL LAW - IS EVIDENCE OF A DRUG SNIFFING DOG'S ALERT TO CURRENCY ADMISSIBLE IN A CRIMINAL PROSECUTION? Attorney for Appellant: Mark Colvin No. 112 Thomas L. Clancy, Jr. v. Wanda T. King ISSUE - CONTRACTS - DID PRINCIPLES OF CONTRACT LAW PREEMPT PARTNERSHIP DUTIES PURPORTEDLY BREACHED WHEN APPELLANT WITHDREW USE OF HIS NAME FROM THE OP-CENTER JOINT VENTURE? Attorney for Appellant: J. Stephen McAuliffe Monday, April 7, 2008: No. 107 In Re: Marcus J. ISSUE - JUVENILE LAW - DID THE JUVENILE FAIL TO COMPLY WITH THE SPECIFICITY REQUIREMENTS OF RULE 11-111 AND SECTION 3-807(c) OF THE COURTS ARTICLE AND THE POLICY IMPLEMENTING THOSE PROVISIONS? Attorney for Appellant: Mary Ann Ince ISSUE - FAMILY LAW - DID MARYLAND PROPERLY AWARD TO THE WIFE A MARITAL SHARE OF THE HUSBAND'S PENSION AND THEREBY PROPERLY REFUSE TO APPLY THE LAW OF PAKISTAN WHICH DOES NOT ALLOW FOR THE DIVISION OF THE HUSBAND'S PENSION? Attorney for Appellant: Priya R. Aiyar ISSUE - CRIMINAL LAW - DID A CHILD ABUSE VICTIM'S STATEMENTS TO A NURSE PRACTITIONER FALL WITHIN THE HEARSAY EXCEPTION FOR STATEMENTS MADE FOR THE PURPOSE OF MEDICAL TREATMENT OR DIAGNOSIS? Attorney for Appellant: Sarah Pritzlaff
ISSUE - FAMILY LAW - UNDER THE FEDERAL INDIAN CHILD WELFARE ACT WHAT IS THE MEANING OF THE WORDS "ACTIVE EFFORTS" BY THE SOCIAL SERVICES DEPARTMENT TO PREVENT THE BREAKUP OF AN INDIAN FAMILY? Attorney for Appellant: Kathleen E. Wherthey Tuesday, April 8, 2008: AG 28 Attorney Grievance Commission of Maryland v. David L. Zeiger Attorney for Petitioner: Raymond Hein No. 116 Lemuel Lindsay McGlone, Jr. v. State of Maryland ISSUE - CRIMINAL LAW - CAN TWO CONVICTIONS NOT SEPARATED BY A TERM OF CONFINEMENT QUALIFY AS PREDICATE CONVICTIONS FOR PURPOSES OF SENTENCE ENHANCEMENT? Attorney for Appellant: Julia C. Schiller No. 109 Patrick T. Hand, Successor Guardian of the Property of Clifton D. Smith v. Manufacturers & Traders Trust Co. et al. ISSUE - COMMERCIAL LAW - DOES THE DEFENSE OF LACK OF LEGAL CAPACITY TO THE CLAIM OF A HOLDER IN DUE COURSE RELATE ONLY TO AN INDIVIDUAL'S MENTAL STATE? Attorney for Appellant: George E. Meng 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 April 8, 2008, the Court will recess until May 1, 2008.
BESSIE M. DECKER |