Justia Maryland Supreme Court Opinion Summaries

Articles Posted in June, 2011
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After lobbying for legislation authorizing collective bargaining for its members, the Maryland Transportation Authority Police Lodge #34 of the Fraternal Order of Police, Inc. (FOP) struck a written memorandum agreement with the Maryland Transportation Authority (MTA), in which the MTA agreed to fund a multi-million take-home vehicle (THV) program provided the bills were withdrawn and no collective bargaining legislation covering the MTA was passed that session. When a new governor took office, he declined to continue funding for the THV program. The FOP sued on theories of breach of contract and promissory estoppel. The circuit court granted MTA's motion to dismiss, finding that the agreement was unenforceable and violated the state's collective bargaining laws. The court of special appeals reversed. The Court of Appeals reversed the judgment of the appellate court and remanded the case with instructions to affirm the judgment of the circuit court, holding that because the legislature did not expressly authorize the MTA and its employees to bargain collectively at the time the agreement was executed, the agreement was unenforceable. View "Maryland Transp. Auth. v Maryland Transp. Auth. Police Lodge #34" on Justia Law

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Petitioners Donna and Hilton Silver owned three horses found by police in terrible health. One horse had to be euthanized, and the other two were sent to a rescue farm for rehabilitation. The state charged the Silvers with three counts of animal cruelty. At a de novo trial in circuit court, the state pursued only the charge relating to the horse that died. At trial, the circuit court heard evidence regarding the condition of the other two horses and convicted the Silvers each of one count of animal cruelty. As a condition of probation, the court ordered the Silvers to pay restitution to the rescue farm. On appeal, the Court of Appeals held that the circuit court was not permitted to order restitution for the other horses with regard to whom the defendants were not convicted of a crime and vacated that order. The Court affirmed the rest of the circuit court's judgments, holding (1) the lower court did not abuse its discretion when it denied the Silvers' motion to strike and instead granted them a short continuance and opportunity to examine belatedly delivered discovery documents; and (2) the lower court did not err in admitting photographs of the surviving horses. View "Silver v. State" on Justia Law

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Petitioner James Thomas, a retired Maryland State Police officer, applied for special disability retirement benefits after being found guilty of neglect of duty, submitting inaccurate reports, and submitting false reports and being sanctioned with suspension and demotion. Petitioner's argument that he was entitled to the benefits was rejected by the Board of Trustees of the State Retirement and Pension System of Maryland (the Board). After that administrative decision was affirmed upon judicial review by the circuit court and court of special appeals, petitioner filed a petition for writ of certiorari. The Court of Appeals concluded that because petitioner's incapacity arose out of his "willful negligence," he was not entitled to special disability benefits provided by Md. Code Ann., State Pers. & Pens. 29-111(b)(1). Affirmed. View "Thomas v. State Ret. & Pension Sys. of Md." on Justia Law

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Petitioners Policarpio Perez and Adam Canela were convicted of murder and related offenses in circuit court. During the course of the trial, jury members sent more than thirty notes to the court, seeking clarification of testimony and asking questions relating to the case. Of those notes, six were not disclosed to counsel for the defense or the state, or to the petitioners. Petitioners appealed, challenging the failure of the trial judge to disclose jury notes in accordance with Md. Rule 4-326(d). The state agreed that the trial judge erred in not disclosing the notes. At issue was whether the error was harmless beyond a reasonable doubt. The Court of Appeals reversed and remanded, holding that the court of special appeals erred in applying a weakened harmless error test to the erroneous non-disclosure to counsel of the six substantive jury notes. The Court concluded that it was not persuaded beyond a reasonable doubt that the trial judge's failure to disclose the receipt of the jury notes to counsel did not influence the jury's verdict. View "Perez v. State" on Justia Law