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Appellate Courts

Law digest – 3/19/15

MARYLAND COURT OF SPECIAL APPEALS  Commercial Law, Consumer Protection Act: Circuit court correctly dismissed for failure to state a claim upon which relief could be granted plaintiff’s Consumer Protection Act claim against a bank, because the complaint’s allegations that the ...

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Opinions – 3/19/15: Maryland Court of Special Appeals

Commercial Law Consumer Protection Act  BOTTOM LINE: Circuit court correctly dismissed for failure to state a claim upon which relief could be granted plaintiff’s Consumer Protection Act claim against a bank, because the complaint’s allegations that the bank’s deposit account ...

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Mother trumps grandparents in custody case, court says

In a family-law dispute involving three generations, a Maryland appeals court has said custody of twin boys should be awarded to their mother — even though a Baltimore judge concluded they would be better off with their maternal grandparents.

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Job-bias claim must compare qualifications, court says

A black job applicant’s failure to allege specifically that she was rejected in favor of less qualified white candidates for two Maryland State Highway Administration positions warranted dismissal of her job discrimination complaint, a divided federal appeals court has ruled.

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Child custody must be gender-blind, court says

A Maryland appeals court last week vacated an award of child custody to a mother, saying the trial judge had improperly considered the parents’ genders in deciding with whom their adolescent daughter should live.

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Opinions – 3/12/15: Maryland Court of Appeals

Criminal Procedure Eyewitness identification  BOTTOM LINE: The extrajudicial photo identification of the defendant was not impermissibly suggestive where the photographs of four of the six individuals in the photographic array were slightly elongated in the face and torso. CASE: Smiley ...

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Court rejects set standards for photo arrays

Judges need not consider expert testimony on the limits of human perception and memory before ruling on the admissibility of a witness’ identification of a criminal defendant in a photo array, Maryland’s top court ruled Monday in upholding an attempted-murder conviction and life sentence following a 2011 shooting in Salisbury.

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