Justia Maryland Supreme Court Opinion Summaries

White, a member of the Bar of Maryland, represented Fleming and Sewell, while under a Conditional Diversion Agreement (CDA) with Bar Counsel for prior misconduct involving mismanagement of her attorney trust account. The CDA was amended, then subsequently revoked due to non-compliance. The Attorney Grievance Commission filed a Petition for Disciplinary or Remedial Action, based upon White’s representation of Fleming and Sewell, non-compliance with the CDA, and the mishandling of her trust account. Bar Counsel alleged that White violated Maryland Lawyers’ Rules of Professional Conduct: Rule 1.1 (Competence), Rule 1.3 (Diligence), Rule 1.4(a) and (b) (Communication), Rule 1.15(a) and (d) (Safekeeping Property); 1.16(d) (Declining or Terminating Representation); 8.1(a) and (b) (Bar Admission and Disciplinary Matters); and Rule 8.4(a), (c), and (d) (Misconduct). Bar Counsel also alleged that she violated Maryland Rules 16-606.1 (Attorney Trust Account Record-Keeping), 16-607 (Commingling of Funds), 16-609 (Prohibited Transactions), and Md. Code 10-306 of the Business Occupations & Professions Article (Misuse of Trust Money). White attributed her actions to illness, recuperation after surgery, and difficulties experienced as caretaker of her mother until her death. A hearing judge found multiple violations. Bar Counsel requested indefinite suspension with the right to apply for readmission after six months. The Maryland Court of Appeals agreed. View "Attorney Grievance Comm'n of Md. v. White" on Justia Law

Husband refused to have his vasectomy reversed, but accompanied his wife to a fertility center. She delivered a child through in vitro fertilization (IVF)2 using donated sperm. Husband was later found to be the father of the child; was determined to have voluntarily impoverished himself with respect to child support; and had injunctive relief entered against him based on harassment. The Maryland Court of Appeal affirmed, holding that the “plain meaning” of the term “artificial insemination in the Estates and Trusts Article, Md. Code 1-206(b), can be interpreted to include a case of “in vitro” fertilization from a donated egg and donated sperm, as a result of which Petitioner has been declared a “parent” of the child and thereby liable for child support, even though the child has no genetic connection to either of the parties. The term broadly encompasses any methodology wherein human reproduction is achieved by artificial means. The court also held that the “plain meaning” of Md. Code Ann. 1-203(a)(2) can be interpreted to sustain a permanent injunction against Petitioner on the basis of “harassment.” The court upheld the finding of voluntarily impoverished. View "Sieglein v. Schmidt" on Justia Law

The Fangmans sought to represent a class of approximately 4,000 to 5,000 individuals who, from 2009 to 2014, retained Genuine Title for settlement and title services and utilized various lenders for the purchase and/or refinancing of their residences, allegedly as a result of referrals from the lenders. All of the lenders are servicers of federally related mortgage loans. The complaint alleges an illegal kickback scheme and that “sham companies” that were created by Genuine Title to conceal the kickbacks, which were not disclosed on the HUD-1 form. After dismissing most of the federal claims, the federal court certified to the Maryland Court of Appeals the question of law: Does Md. Code , Real Prop. [(1974, 2015 Repl. Vol.) 14-127 imply a private right of action?” The statute prohibits certain consideration in real estate transactions. That court responded “no” and held that RP 14-127 does not contain an express or implied private right of action, as neither its plain language, legislative history, nor legislative purpose demonstrates any intent on the General Assembly’s part to create a private right of action. View "Fangman v. Genuine Title, LLC" on Justia Law

On April 12, 2015, Freddie Gray suffered an injury while in police custody; one week later, he died from those injuries. The state charged six Baltimore police officers in connection with Gray’s death. Officer Porter’s trial ended in a mistrial in December 2015. The state has indicated it will retry him and wants to compel him, before his retrial, to provide immunized testimony against the remaining officers. In two cases the trial court granted the motion to compel; in three cases it denied the motion. The Maryland Court of Appeals held that the state’s compelling Officer Porter to testify in the trials of his fellow officers, under the grant of use and derivative use immunity, does not violate Porter’s privilege against compelled self-incrimination under the Fifth Amendment or the Maryland Declaration of Rights. The trial court lacks the discretion to deny a properly pled motion to compel immunized testimony. Denial of such a motion constitutes a final judgment from which the state can appeal immediately. Porter was the proper party to the appeal because he, not the defendants in the underlying trials, is the party interested in the subject matter of the motion to compel immunized testimony. View "State v. Rice, Nero, Miller; White & Goodson" on Justia Law

After a jury trial, Petitioner was found guilty of two counts of sexual abuse of a minor. After the State rested its case, defense counsel moved for a judgment of acquittal, arguing that the only evidence of corpus delicti was derived from Petitioner’s extrajudicial confession and was not corroborated by independent evidence, and therefore, the rule of corroboration was not satisfied. The circuit court denied the motion, finding sufficient corroboration. The Court of Special Appeals affirmed. The Court of Appeals reversed, holding (1) a witness’s testimony that he does not remember whether an act occurred does not constitute sufficient corroboration of an extrajudicial confession by the defendant that the act in fact occurred; (2) a criminal defendant’s uncorroborated confession does not constitute sufficient evidence to support a conviction for sexual abuse of a minor; and (3) in this case, the evidence was legally insufficient to warrant a jury verdict. View "Grimm v. State" on Justia Law

The assessment of real property in the State for property tax purposes is calculated by reference to the value on the “date of finality,” which is defined as “January 1, immediately before the 1st taxable year to which the assessment based on the new value is applicable.” Petitioner appealed her 2011 tax assessment of a condominium she owned and occupied. The Tax Court concluded that the Tax Property Article did not prohibit the court from taking into account sales of comparable properties that occur after the date of finality in determining the value of a property on the date of finality and, thus, relied on sales of comparable properties that occurred several months after the date of finality. The Circuit Court ruled that the Tax Court erred in considering evidence of post-date of finality sales of comparable properties. The Court of Special Appeals reversed. The Court of Appeals affirmed, holding (1) the Tax Court may consider the sale of comparable properties occurring within a reasonable time after the date of finality to assess the value of the property; and (2) substantial evidence in the record supported the Tax Court’s assessment of Petitioner’s property, relying on the post-date of finality sales. View "Lane v. Supervisor of Assessments of Montgomery County" on Justia Law

The parties in this dispute were a city and a design engineer. The city and the design engineer settled their dispute pursuant to an agreement that contained a non-disparagement clause. After the city released the design engineer from all claims relating to the earlier litigation, the city pursued a claim against the engineer’s construction manager for breach of contract. When the design engineer heard of the city’s disparaging statements made during the current lawsuit, it filed a complaint against the city for injunctive and monetary relief, alleging that the city breached the non-disparagement agreement during the current litigation. The circuit court denied injunctive relief and then granted the city’s amended motion to dismiss. The Court of Special Appeals affirmed, holding that no claim can stand for a deliberate and voluntary breach of a non-disparagement agreement when the disparaging statements are made in legal proceedings. The Court of Appeals affirmed, holding (1) the litigation privilege can immunize a party from a claim for breach of a non-disparagement clause; and (2) the city did not waive the litigation privilege in this case. View "O'Brien & Gere Eng'rs, Inc. v. City of Salisbury" on Justia Law

The Consumer Protection Division of Maryland’s Office of the Attorney General (CPD) concluded that Petitioner and his companies engaged in unfair and deceptive trade practices in violation of the Maryland Consumer Protection Act (CPA). The CPD issued sanctions, imposed civil penalties, and assessed costs. Thereafter, the Maryland State Board of Plumbing (the Board) opened a complaint against Petitioner alleging that Petitioner had violated the Maryland Plumbing act (MPA). The Board’s case largely consisted of the CPD’s findings and conclusions. The Board, by application of the doctrine of collateral estoppel, adopted the findings of fact made by the CPD and concluded that Petitioner violated the MPA. The Board revoked Petitioner’s master plumber license and imposed a civil penalty. The circuit court ruled that the Board properly invoked collateral estoppel in adopting the CPD’s findings of fact. The Court of Special Appeals affirmed. The Court of Appeals affirmed, holding (1) the doctrine of offensive non-mutual collateral estoppel is permissible in this State and can be invoked to grant preclusive effect to an administrative order; and (2) Petitioner’s double jeopardy protections were not violated when the Board and the CPD both fined him for the same conduct. View "Garrity v. State Bd. of Plumbing" on Justia Law

A Guy Named Moe, LLC (Moe), a foreign limited liability company doing business in Maryland, and Chipotle Mexican Grill of Colorado, LLC both operate a chain of restaurants. In 2012, Chipotle applied for a special exception to build a restaurant approximately 425 feet from Moe’s Southwest Grill. The City of Annapolis’s Board of Appeals unanimously approved Chipotle’s request. Thereafter, Moe filed a petition for judicial review. The circuit court dismissed Moe’s petition, finding that Moe lacked standing because it was not a taxpayer under Md. Code Ann. Land Use 4-401(a). The Court of Special Appeals affirmed, holding (1) the petition was void ab initio because, at the time it was filed, Moe’s had lost its right to do business in Maryland because of its failure to register; and (2) Moe was not "a person aggrieved" for standing purposes. The Court of Appeals affirmed, holding (1) Moe can Maintain its suit; but (2) Moe was not aggrieved for standing purposes. View "Guy Named Moe, LLC v. Chipotle Mexican Grill of Colorado, LLC" on Justia Law

Following the birth of twin boys in 2009, Petitioner executed an affidavit of parentage attesting that he was the boys’ father. In 2011, the Wicomico County Bureau of Support Enforcement alleged that Petitioner was responsible for support. In response, Petitioner denied parentage of the children and requested a paternity test, alleging that his signature on the affidavit had been obtained through fraud or misrepresentation. The circuit court judge ordered Petitioner to pay child support and denied the request for a paternity test. Two years later, Petitioner against requested a paternity test. The circuit court judge denied the request, concluding that Petitioner had no absolute right to blood or genetic testing and, even if he did, he waived his right by failing to appeal the trial judge’s decision in 2011. The Court of Special Appeals affirmed. The Court of Appeals affirmed, holding that, under the circumstances of this case, Petitioner was not entitled to a paternity test to contest the parentage he established after execution of his affidavit of parentage. View "Davis v. Wicomico County Bureau" on Justia Law