Court opinions

May 30, 2023

PAPA MENU, INC., ET AL. v. GW REAL ESTATE OF MARYLAND, INC.

Real property — Lease agreement — Jurisdiction This is an appeal from summary judgment in favor of commercial landlord GW Real Estate of Maryland, Inc. (“GWRE”), appellee, on its claim for nonpayment of rent due on leased premises in Baltimore City. Read the opinion

May 30, 2023

BRIAN JEROME FLETCHER v. STATE OF MARYLAND

Criminal procedure — Admissibility of evidence — Harmless error In 2003, a jury sitting in the Circuit Court for Prince George’s County found Bryan Jerome Fletcher, appellant, guilty of premeditated murder in the first degree, use of a handgun in the commission of a felony or crime of violence, conspiracy to commit murder, and car […]

May 30, 2023

A1A PROPERTIES, LLC v. EDWARD S. COHN, ET AL.

Real property — Foreclosure — Equitable abatement A1A Properties, LLC (“A1A”), appellant, purchased a residential property in Baltimore County at a foreclosure sale. The Substitute Trustees, appellees, timely reported the sale to the Circuit Court for Baltimore County. Before the sale was ratified, the Governor declared a State of Emergency due to the COVID-19 pandemic. […]

May 23, 2023

KEVIN LEE PIERCE, JR. v. STATE OF MARYLAND

Criminal procedure — Jury instruction — Failure to object In 2021, the State charged Kevin Lee Pierce, Jr. with one count of possession of contraband in a place of confinement and one count of possession of a weapon in a place of confinement after a shank was recovered from Mr. Pierce’s prison mattress. He was […]

May 23, 2023

MICHAEL YOUNG v. STATE OF MARYLAND

Criminal procedure — Motion to suppress — Reasonable articulable suspicion After being identified by a witness as armed and a possible suspect in a homicide case, Michael Young (“Appellant”) was in a convenience store in Baltimore City when Baltimore City Police Department (“BCPD”) officers stopped him and asked him if he had a firearm. He […]

May 23, 2023

IN THE MATTER OF THE PETITION OF THE MARYLAND OFFICE OF PEOPLE’S COUNSEL

Administrative law — Arbitrary and capricious — Cost recovery This case is before us on appeal from an order of the Circuit Court for Baltimore City affirming a decision of the Maryland Public Service Commission (“PSC” or “Commission”). We are asked to determine whether the Commission acted arbitrarily and capriciously when it approved an August […]

May 23, 2023

OMID ILKHAN V. CRITICAL CARE PROFESSIONALS, INC., ET AL.

Civil litigation — Contempt — Ambiguous orders The Circuit Court for Baltimore City held appellant Omid Ilkhan in contempt because he failed to comply with a judgment that required him to turn over an automobile and the title to that automobile. In an earlier decision, we reversed that judgment and remanded for further proceedings. Read […]

May 23, 2023

DATWAIN JACKSON v. STATE OF MARYLAND

Criminal procedure — Inadmissible testimony — Plain error Appellant Datwain Jackson was convicted in the Circuit Court for Baltimore City of three counts of illegal possession of a regulated firearm in violation of §5-133 of the Public Safety Article, two counts of wearing and transporting a handgun in violation of §4- 203 of the Criminal […]

May 23, 2023

DAVID HOWARD COCHRAN v. STATE OF MARYLAND

Criminal law — Imperfect self-defense — Clear error This case arises out of a confrontation during which appellant, David Howard Cochran, ultimately drew his firearm and pointed it toward a group of young people who had gathered on a street in his Baltimore neighborhood. Read the opinion

May 23, 2023

NICHOLAS HUNT v. STATE OF MARYLAND

Criminal procedure — Suppression of evidence — Revocation of consent Appellant, Nicholas Hunt, (“Hunt”), was indicted in the Circuit Court for Harford County on eleven drug and firearm counts. He moved to suppress evidence seized during a search of the apartment where he was living. Hunt’s contention before the suppression court, and now on appeal, […]

May 23, 2023

STEVEN ANTHONY THOMAS v. STATE OF MARYLAND

Criminal law — Sentence modification — Schlick I Steven Anthony Thomas appeals from an order of the Circuit Court for Charles County that denied his motion for a modification of sentence. He presents one question, which we have slightly reworded: Did the circuit court err in denying his motion for modification of sentence on the […]

May 23, 2023

MICHAEL BISCOTTI v. STATE OF MARYLAND

Criminal procedure — Jury communication — Verdict impeachment Appellant, Michael Biscotti, was charged by indictment in the Circuit Court for Baltimore City with first-degree murder and related counts, in connection with the death of his friend, Freska Yerby, who sustained multiple gunshot and knife wounds in her residence on July 13, 2020. After the jury […]

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