Justia Maryland Supreme Court Opinion Summaries

When P. Thomas Hoff, the founder of One Call Concepts, Inc. and Hanover Investments, Inc. (Hanover), terminated the employment of Susan Volkman and redeemed her shares of Hanover, Hoff and others brought this declaratory judgment action against Volkman in the circuit court to defend the procedures it followed to redeem her stock. At the time the declaratory judgment action was filed, Volkman had already filed, in a Minnesota state court, a breach of contract action against Hanover concerning the same issue. The circuit court refused to dismiss or stay the action in deference to the pending Minnesota action. The court then issued a declaratory judgment in favor of Hanover. The court of special appeals ruled that there were not unusual and compelling circumstances justifying the circuit court’s issuance of a declaratory judgment to resolve the same question at issue in the pending Minnesota litigation. The Court of Appeals affirmed, holding that this action did not create unusual and compelling circumstances that would justify an exception to the principle that a court should not entertain a declaratory judgment action when there was a pending lawsuit involving the same issues. View "Hanover Investments, Inc. v. Volkman" on Justia Law

A surety who issued a performance bond on a subcontract was not bound by that contract’s arbitration clause when the surety was jointly and severally liable for the “performance of” the subcontract and the entire subcontract was incorporated into the bond by reference.Petitioner entered into a contract with an electrical subcontractor pursuant to a master subcontract agreement that included a mandatory arbitration clause. Petitioner later entered into a subcontract with the electrical subcontractor to perform work on a project. The subcontract incorporated the entire master subcontract agreement by reference. The subcontractor obtained a performance bond from Respondent stating that Respondent was jointly and severally liable for the performance of the construction contract, which was incorporated into the bond by reference. Petitioner terminated the subcontract after a dispute with the electrical subcontractor and filed a demand for arbitration that included Respondent. Respondent requested a declaratory judgment that it was not bound by the arbitration clause. The circuit court granted partial summary judgment in favor of Respondent. The court of special appeals affirmed, ruling that Respondent could not be compelled to participate in the pending arbitration proceedings between Petitioner and the electrical subcontractor. The Court of Appeals affirmed for the reasons stated above. View "Schneider Electric Buildings Critical Systems, Inc. v. Western Surety Co." on Justia Law

The Court of Appeals affirmed the judgment of the court of special appeals affirming the denial of Petitioner’s motion to correct illegal sentence. Petitioner pleaded not guilty to conspiracy to commit theft and making a false statement to the police and was sentenced to ten years’ incarceration with six years suspended and four years’ probation. Petitioner argued in his motion to correct illegal sentence that the circuit court imposed an illegal sentence after it bound itself to a cap of four years on any executed incarceration. Specifically, Petitioner argued that a reasonable lay person in his position would not have understood that he could have received a total sentence in excess of four years - including a suspended sentence and probation in addition to incarceration. The court of special appeals affirmed the denial of Petitioner’s motion to correct illegal sentence. The Court of Appeals affirmed, holding that Petitioner’s sentence was legal because the plain language of the cap was clear and unambiguous. View "Ray v. State" on Justia Law

The Court of Appeals answered a question certified by the court of special appeals regarding whether a trial judge may pose a broad occupational bias voir dire question when the parties requested that the trial judge inquire as to whether the venire persons would give undue weight to the testimony of a police-witness, based on the police witness’ occupation as a police officer. The Court of Appeals answered the question as reformulated by holding that when a party requests that an occupational bias question be asked during voir dire, including the police-witness question, the trial judge is required to initially determine whether any witnesses testifying in the case - based on their occupation, status, or affiliation - may be favored or disfavored on the basis of that witness’s occupation, status, or affiliation, and then propound a voir dire question that is tailored to those specific occupations, statuses, or affiliations. View "Thomas v. State" on Justia Law

This lawsuit was the result of the amendments to an area master plan to prohibit surface mining in certain mineral-rich areas of the county. The amendments were made by County Council of Prince George’s County, sitting as district council. At issue before the Supreme Court was whether two mining companies and a mining trade organization (collectively, Respondents) could seek judicial review of the master plan and whether the master plan amendments were preempted by state law. The Court of Appeals held (1) Respondents can seek judicial review of the master plan under Md. Code Ann. Land Use 22-407; (2) the trial court erred in upholding the district council’s adoption of the master plan amendments as procedurally proper; but (3) the amendments are severable, and the remaining portions of the master plan still stand. View "County Council of Prince George's County v. Chaney Enterprises Ltd." on Justia Law

Md. Code Ann. Crim. Proc. 4-102 provides that in a circuit court proceeding a defendant is entitled to a preliminary hearing when charged by information with felonies but not when the defendant is charged by information with misdemeanors.Defendant was charged by information with misdemeanor offenses. Defendant moved to dismiss the charges, arguing that his case was improperly before the circuit court because he had been charged with misdemeanors by means of a criminal information without a preliminary hearing resulting in a finding of probable cause. The circuit court granted the motion and dismissed the case with prejudice. The court of special appeals reversed. The Court of Appeals affirmed, holding that the court of special appeals did not err in concluding that when the State charges misdemeanors by criminal information in the circuit court no preliminary hearing is required. View "Brown v. State" on Justia Law

Contractually-shortened limitations periods, such as the one at issue in this case, are valid only if there is no statute to the contrary, the provision is not the result of fraud, duress or misrepresentation, and the provision is reasonable in light of all relevant circumstances.Here a residential furnace maintenance agreement offered by Carroll Home Services, LLC (CHS) reduced the period for a consumer to bring a tort or contract claim against CHS from the statutory three years to one year. Petitioners, who had entered into a maintenance agreement with CHS, asserted tort and contract claims against CHS for damage to their residence allegedly caused by the company. Petitioners filed their complaint more than one year after their claims accrued but before the expiration of three years. The circuit court dismissed the complaint on the basis of the shortened limitations provision in the agreement. The Court of Appeals vacated the judgment of the circuit court and remanded the case for assessment as to whether the criteria for enforcement of the provision were met and whether the provision was reasonable. View "Ceccone v. Carroll Home Services, LLC" on Justia Law

The Court of Appeals reversed the suppression of certain evidence discovered upon detectives’ use of a cell site simulator - or an undercover cell tower - concluding that whether use of a cell site simulator is a search for purposes of the Fourth Amendment or whether a court order authorizing its use fell short of a search warrant, the detectives here acted in objectively reasonable good faith. The circuit court suppressed the evidence on the ground that the use of the cell site simulator to locate the phone was a search for purposes of the Fourth Amendment and that the court order authorizing them to use a “cellular tracking device” to locate the victim’s phone did not function as a search warrant. In reversing, the Court of Appeals held that, based on existing case law, it was objectively reasonable for detectives to believe that their use of a cell site simulator pursuant to the court order was permissible under the Fourth Amendment, and therefore, and evidence obtained as a result of the detectives’ use of the cell site simulator should not be suppressed because of use of that device. View "State v. Copes" on Justia Law

In this construction contract dispute, White Flint express Realty Group Limited Partnership, LLLP (White Flint) was entitled to recover attorney’s fees in connection with an action to enforce the contract between White Flint and Bainbridge St. Elmo Bethesda Apartments, LLC (Bainbridge). The court of special appeals affirmed the fee award in favor of White Flint, ruling that the contract provided expressly for attorney’s fees to be recovered in a first-party indemnification action. The Court of Appeals affirmed, holding that the contract contained express provisions that authorized first-party fee shifting, and therefore, White Flint was entitled to attorney’s fees. View "Bainbridge St. Elmo Bethesda Apartments, LLC v. White Flint Express Realty Group Limited Partnership, LLLP" on Justia Law

Petitioner, a charter school located in Frederick, Maryland, and Respondent, the Frederick County Board of Education (Local Board), disputed whether the Local Board’s annual funding allocation to Petitioner in its first year of operation satisfied Md. Code Ann. Educ. 9-109. Specifically, Petitioner argued that the Local Board’s decision to withhold a proportional share of transportation funds was incorrect. The State Board of Education disagreed and upheld the Local Board’s decision to withhold transportation funding from Petitioner’s annual funding allocation. The circuit court and court of special appeals upheld the State Board’s decision. The Court of Appeals reversed and remanded, holding that the State Board’s decision to deny transportation funds to Petitioner was arbitrary and capricious and an abuse of discretion. View "Frederick Classical Charter School, Inc. v. Frederick County Board of Education" on Justia Law