For purposes of summary judgment, the Witkowskis claimed the alleged statement was indisputably true, or at least “substantially correct.” Reviewing the motion on a de novo basis, we cannot agree with the court’s conclusion.
The court did not abuse its discretion in finding that appellant had failed to act with due diligence to discover the alleged newly discovered evidence within one year after the imposition of his sentence. Second, the court did not abuse its discretion in ruling that McArthur failed to demonstrate, as required by statute, that the alleged newly-discovered evidence created a “substantial or signi[...]
1. Did the circuit court err in denying the motion to stay the foreclosure sale without a hearing? 2. Did the circuit court err in denying the motion for an extension of time to file exceptions to the foreclosure sale?
Subject to only a few narrowly drawn exceptions, "‘the right to seek appellate review of a trial court’s ruling ordinarily must await the entry of a final judgment that disposes of all claims against all parties.'"
Did the court err by denying Baynor’s petition for writ of actual innocence without a hearing?
The Circuit Court for Harford County held that appellant violated the restriction by parking what the court described as a “massive” army-surplus truck in the driveway of his home. The truck stands higher than the first story of his home and is nearly as wide as the driveway.
Years after being denied a variance for noncompliance with setback requirements, Sprint filed a petition for special hearing, asserting a new legal theory under which the existing tower was actually in compliance with the setback regulations. An ALJ ruled otherwise and also held that the new petition was barred under the doctrine of res judicata.
The dispute in this case concerns an ambiguous mandate that this Court issued in an earlier appeal. The ambiguity concerns whether this Court had reversed both money judgments in a consolidated case against the appellant, or whether it had reversed only one of the two.
At no time before trial did the court determine if Washington was competent to stand trial. On the other hand, his counsel appeared at several pretrial hearings in this and related cases, and at trial, without so much as a word about the competency motion.
Department of Health and Mental Hygiene alleges that the juvenile court ordered DHMH to provide specific services to Dustin after he turned 21, at which point Dustin would no longer be subject to the jurisdiction of the juvenile court, exceeding the authorization granted to the juvenile court. After reviewing the purported final judgment, we must conclude that this Court lacks the power to resolve[...]
Davis contends that the trial court committed various errors, by refusing to instruct the jury on the mitigating defense of provocation, by admitting certain lay opinion testimony, and by refusing to enter a judgment of acquittal as to certain counts.
1. Did the circuit court abuse its discretion when it declined to ask six of Moore’s proposed voir dire questions? 2. Did the circuit court abuse its discretion when it denied Moore’s request for a mistrial and his related motion to strike a detective’s statement, on cross-examination, about text messages that the court had previously excluded?