Given that appellant’s motion for modification of sentence was filed nine years after sentencing—well more than the 90 days after sentencing within which a motion for modification must be filed—the State avers that the trial court correctly ruled that it had no authority to modify appellant’s sentence.

Tagged with: caroline county criminal procedure Kenney sentencing Sept. Term 2010

Montgomery County property owner argued 1) that Planning Board erred in concluding he had actual and constructive notice of the Forest Conservation Easement and 2) that the Board lacks authority to administratively enforce the FCE through civil penalties and corrective measures.

Tagged with: Easements Kenney Montgomery County Real Estate Sept. Term 2013

The court did not leave its role as an impartial arbiter by asking counsel what he intended to ask the witness if he returned to the stand after cross-examination and re-cross, then denying the recall upon hearing the proffer; the court was merely controlling the conduct of the hearing.

Tagged with: juvenile law Kenney Prince George's County Sept. Term 2013

To the extent appellant is arguing that the sentences to be served are a combination of consecutive and concurrent sentences rather than simply a series of consecutive sentences, any ambiguity appears (but we do not decide) to have been resolved in appellant’s favor, but if not, the issue should first be addressed in the circuit court and we shall vacate the judgment and remand for that express purpose.

Tagged with: baltimore city civil rights criminal procedure Kenney sentencing Sept. Term 2013

Did the prosecutor’s improper remarks during closing argument deprive appellant of his right to a fair trial on charges of negligent driving, fleeing, driving without a license and related crimes?

Tagged with: Baltimore County closing argument criminal procedure Kenney Sept. Term 2013

Though appellant presented seven bases for a new trial, on appeal, he focuses on only one : that his right to a fair trial was compromised because he was unable to present impeachment evidence regarding the victim’s drug dealing referenced in pre-trial statements

Tagged with: Baltimore County criminal procedure evidence impeachment Kenney Sept. Term 2012

Did the lower court err in denying (1) stay of foreclosure sale where appellant tendered payment of debt prior to sale; (2) stay of sale of three properties as an entirety where Forbearance Agreement required they be sold separately?

Tagged with: baltimore city foreclosure Kenney Real Estate Sept. Term 2013

Was there substantial evidence to support the Board of Physician’s reprimand of Dr. Barry Cohen for failing to keep adequate records under H.O. 14-404(a)(40)?

Tagged with: health care Kenney Montgomery County Sept. Term 2013

Did the circuit court err by enforcing an arbitration clause contained in a limited partnership agreement that was never correctly executed?

Tagged with: contracts Kenney Sept. Term 2013 Wicomico County

1. Must the convictions in this case be reversed because the trial court failed to “determine[] and announce[] on the record” that appellant’s waiver of his right to a jury trial was made knowingly and voluntarily, as required by Maryland Rule 4-246 (b)? 2. Is the evidence sufficient to sustain appellant’s convictions for resisting arrest, second degree escape, and possession of equipment used to produce controlled dangerous substances?

Tagged with: criminal procedure Kenney on the record Sept. Term 2012 waiver of jury trial Wicomico County