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Law digest: 12/27/11

MARYLAND COURT OF SPECIAL APPEALS

Civil Procedure, Declaratory judgment: Because of the pending criminal trial against defendant in the district court, the circuit court lacked jurisdiction to issue a declaratory judgment. Vargas-Aguila v. State, No. 1638, Sept. Term, 2010. RecordFax No. 11-1202-02.

Evidence, Prior inconsistent statements: A witness’s prior consistent statements were admissible under Rule 5–802.1 as an exception to the hearsay rule in order to rebut defendant’s claim that the witness fabricated testimony. Thomas v. State, No. 2062 Sept. Term, 2010. RecordFax No. 11-1202-03.

Family Law, Jurisdiction: Where husband first filed his petition for a divorce and custody in a circuit court in Ghana, under the rules of comity, the circuit court in Harford County did not have jurisdiction over Wife’s complaint for divorce and custody. Apenyo v. Apenyo, No. 1461, Sept. Term, 2010. RecordFax No. 11-1202-00.

Real Property, Prescriptive easement: Plaintiff established a prescriptive easement over a portion of defendant’s property where plaintiff’s use of the property was adverse, exclusive, and continuous for the statutory period requirements. Turner v. Bouchard, No. 1573, Sept. Term, 2010. RecordFax No. 11-1202-01.