Judge, Court of Special Appeals of Maryland
Smith v. State
Court of Special Appeals of Maryland · 2026-04-06
The case involved John William Smith, Jr., who was charged with criminal offenses in Maryland while imprisoned in another state and invoked the Interstate Agreement on Detainers (IAD) by requesting final disposition of the charges. After the 180-day period for trial expired without a valid continuance granted in open court showing good cause, Smith moved to dismiss the charges; the trial court denied the motion, and he was convicted and sentenced following a plea. On appeal, the Appellate Court of Maryland reversed, holding that the State failed to comply with IAD requirements for continuances or to establish waiver by the defendant. The court reasoned that an unrecorded chambers conference could not satisfy the statutory mandates of open-court proceedings and a record of good cause, shifting the burden entirely to the State to ensure compliance, and that silent acquiescence by defense counsel was insufficient. As a result, the charges were required to be dismissed with prejudice under the IAD.
criminal lawprocedure
Hammond v. State
Court of Special Appeals of Maryland · 2026-01-30
This case involved Andre Jerome Hammond's conviction after a bench trial for knowingly failing to register as a sex offender under Md. Code Ann., Crim. Proc. Art § 11-721, where he argued that depression and grief caused him to forget his registration deadline, negating the required mental state. The Appellate Court of Maryland first addressed preservation, finding the issue preserved because defense counsel raised it in a motion for judgment of acquittal and closing argument, giving the trial court notice and an opportunity to rule. On the merits, the court affirmed the conviction, holding that Hammond's prior timely registrations, signed requirements form, and previous conviction for non-registration established sufficient notice of his duty, so that forgetting did not negate the "knowingly" element. The court reasoned that prior knowledge satisfies the mens rea requirement under the statute, that an "I forgot" defense would undermine the registration law's purpose, and that mental health circumstances are appropriately addressed through sentencing rather than as a complete defense.
criminal lawprocedure
Donohue v. Mavronis
Court of Special Appeals of Maryland · 2025-08-27
This case involved a boundary dispute between adjacent waterfront property owners over accreted land formed near a pier and bulkhead, along with related claims of trespass involving gardens and fences. The trial court ruled that the appellee owned the disputed land because the accretion occurred landward of an approved bulkhead protecting his shoreline and found that a prior settlement did not bar the claims under res judicata. The court denied remittitur after finding competent evidence supported the jury's damages award. On appeal, the Appellate Court of Maryland affirmed the judgment, holding that the trial court did not err in declaring ownership based on the selected survey, rejecting res judicata, or denying post-trial motions.
propertyprocedure
In the Matter of D.M.
Court of Special Appeals of Maryland · 2025-07-30
The case involved a parent's appeal to the Office of Administrative Hearings (OAH) challenging a finding of indicated child neglect, which was stayed due to a pending Child in Need of Assistance (CINA) proceeding in court. Despite the statutory stay under Maryland family law, OAH dismissed the appeal for lack of prosecution. The Appellate Court of Maryland reversed the circuit court's affirmation of the dismissal, holding that OAH lacked authority to dismiss an appeal subject to the mandatory stay and that such dismissal constituted an irregularity requiring vacatur to allow a hearing after the CINA case concluded.
family lawprocedure
Bhargava v. Prince George's Cnty. Planning Bd.
Court of Special Appeals of Maryland · 2025-04-01
The case concerned the Prince George’s County Planning Board’s approval of a variance under the county’s tree conservation ordinance allowing removal of eleven specimen trees to build a new public school. The circuit court dismissed the appellants’ petition for writ of administrative mandamus on grounds of mootness and lack of standing. The Appellate Court of Maryland affirmed the dismissal, holding that it had jurisdiction over the appeal from the circuit court’s exercise of original jurisdiction. It reasoned that forest conservation variances are distinct from zoning variances because they focus solely on the subject property and do not require consideration of effects on surrounding properties, so the appellants had no cognizable legal interest in the trees. The court further held the case was moot because the trees had already been removed without any steps taken by the appellants to prevent it.
environmentprocedure
Mergner v. Estate of Mergner
Court of Special Appeals of Maryland · 2025-01-31
In Mergner v. Estate of Mergner, Dorothy Mergner sought a declaratory judgment that a 2016 marital property agreement was unenforceable so she could claim a statutory elective share of her late husband John's estate under Maryland law. The agreement required John to fund an irrevocable trust providing Dorothy with lifetime income and stated that Dorothy waived all claims to John's property, including any spousal elective share. After receiving over $450,000 in trust income, Dorothy challenged the agreement's validity, but the Estate argued she was barred by estoppel for retaining the benefits. The Appellate Court of Maryland affirmed the circuit court's grant of summary judgment to the Estate, holding that Dorothy's continued acceptance of trust income estopped her from contesting the agreement's enforceability.
family law