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By Laura Smitherman and Laura Smitherman,laura.smitherman@baltsun.com | September 2, 2009
Maryland's second-highest court has ruled that Gov. Martin O'Malley's administration was within its rights to fire a holdover patronage employee from former Gov. Robert L. Ehrlich Jr.'s term. Monday's ruling - the latest in a long-running legal saga surrounding state personnel practices - was in the case of Gregory Maddalone, who was fired shortly after O'Malley, a Democrat, came into office in 2007 after defeating Ehrlich, a Republican. Maddalone, a former ice dancer, was a central figure in an investigation by Democratic lawmakers who accused the Ehrlich administration of firing longtime state employees for political reasons and hiring "loyalists" to replace them.
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NEWS
By Ian Duncan, The Baltimore Sun | February 28, 2014
Maryland's second-highest court upheld Friday a judge's ruling that the Cove Point gas facility can be converted to be used for exports, siding with the company that owns the plant and against an environmental group. The Sierra Club argued in court that a 2005 agreement between the organization and the plant's owner, Dominion, prevents it from being used as a base for sending liquefied natural gas abroad. Dominion disagreed, arguing that while the agreement did not explicitly mention exports, it did not preclude them.
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NEWS
By Darren M. Allen and Darren M. Allen,Sun Staff Writer | May 23, 1995
A former Carroll real estate agent failed to persuade the state's second-highest court to overturn an arson conviction stemming from a 1993 fire at his Westminster home.In a brief opinion issued last week, the Court of Special Appeals said the jury hearing Charles Amidee Stair Jr.'s arson case was provided with sufficient evidence to find him guilty of arson.Stair, who was sentenced to seven years in state prison, had sought to have the conviction overturned for insufficient evidence, inadmissible testimony about his marital and financial problems and an incorrect charge.
NEWS
Dan Rodricks | September 7, 2013
Of the many words from the Maryland Court of Special Appeals in the matter of Meredith Cross v. Baltimore City Police Department, I like these best: "Costs to be paid by appellant. " That's double-good news for city taxpayers: We're on the hook for neither the back salary of a police officer who married a convicted murderer nor for the costs of bringing an audacious appeal of her firing to court. What we have here is formal affirmation that a woman has a right to marry anyone she wishes, including a gangster, but not a right to be a Baltimore cop. That was pretty much the court's conclusion Tuesday in the Cross case, echoing Oliver Wendell Holmes Jr. from late-19th-century Massachusetts.
NEWS
By Laura Vozzella and Laura Vozzella,SUN STAFF | January 26, 2005
An unsuccessful City Council candidate appealed to Maryland's second-highest court this week in a lawsuit alleging that Councilwoman Paula Johnson Branch should not have been allowed to run in November's election because of missing campaign finance reports. Glenn L. Ross, the Green Party candidate who lost to Branch, is asking the Maryland Court of Special Appeals to overturn a decision made in the case last week by Circuit Judge Joseph P. McCurdy Jr. On Thursday, McCurdy granted Branch's motion to dismiss Ross' case on grounds that he missed deadlines for objecting to the ballot.
NEWS
BY A SUN STAFF WRITER | December 16, 1997
The Maryland Court of Special Appeals upheld yesterday the conviction of Jane F. DeCosta, the Timonium teen-ager found guilty of being an accessory after the fact to the 1995 murder of a Sheppard and Enoch Pratt Hospital counselor.The appellate court did not agree with any of the five arguments against DeCosta's January conviction in Baltimore County Circuit Court. She was acquitted of more serious charges in the death of Sharon Edwards, 26.Judge Barbara Kerr Howe imposed a five-year sentence, suspending all but the 15 months DeCosta spent in jail after her arrest, on the condition that DeCosta enter a locked mental health facility.
NEWS
By Liz Atwood and Liz Atwood,SUN STAFF | March 2, 1998
With time running out before the first golfers tee off at Hayfields Country Club, opponents of the project go to the Maryland Court of Special Appeals today to keep the beloved Hunt Valley farm from becoming a golf course and housing development.A lawyer for the Valleys Planning Council, an influential land preservation group, will argue that Baltimore County erred in granting permission for the country club and adjacent housing development by failing to consider the harm the project would cause to the environment, agricultural resources and the county's history.
NEWS
By Johnathon E. Briggs and Johnathon E. Briggs,SUN STAFF | July 18, 2003
H. Kemp MacDaniel, a retired judge of the Maryland Court of Special Appeals who served eight years in the House of Delegates, died yesterday of heart failure at his home in Wynnewood. He was 82. Judge MacDaniel was born in Baltimore and raised in Arbutus, a community he had a great affinity for and where he was active in civic, business and community affairs. After graduating from Catonsville High School in 1939, Judge MacDaniel worked in the passenger traffic department of the Baltimore and Ohio Railroad for three years.
NEWS
By Phyllis Brill and Phyllis Brill,Staff Writer | September 5, 1993
Fallston residents opposed to a proposed foster-care complex in their neighborhood will take their case Friday to the Court of Special Appeals.At the center of the dispute between the Fallston Meadows Community Association and the Board of Child Care of the United Methodist Church is a $6 million home for 60 abused and neglected children that the church wants to build at Harford and Reckord roads.The community association is appealing a December 1992 Harford County Circuit Court decision by retired Circuit Judge Broadnax Cameron Jr. that upheld a special exception allowing the church agency to build the 41,500-square-foot complex on land zoned for agricultural use.In court papers filed in the Court of Special Appeals by Baltimore attorneys Paul W. Grimm, Gina M. Harasti and Pamela S. Foresman, the residents argue that Judge Cameron's ruling contradicted evidence that the home would "adversely impact the safety, health and general welfare of the community."
NEWS
By Tanya Jones and Tanya Jones,SUN STAFF | January 8, 1998
The Court of Special Appeals overturned yesterday judgments against three of 11 companies that had been found liable or negligent in 1994 because workers contracted asbestos-related illnesses.The court also ordered that certain judgments against two of the companies be recalculated and that damages awarded to one plaintiff be reduced.The state's intermediate appellate court found there was insufficient evidence to uphold four judgments against U.S. Mineral Products Co., manufacturer of a fire-proofing spray; two against E. L. Stebbing & Co. Inc., contractor; and two against Hampshire Industries Inc., contractor.
NEWS
By Andrea F. Siegel, The Baltimore Sun | July 15, 2013
State officials have announced the addition of the first new judgeships since 1977 for the Court of Special Appeals, the state's second-highest court. Lawyers and judges can begin to apply for the two newly created seats. Appointments by Gov. Martin O'Malley will bring the number of special appeals judges to 15. Applications are due in by Aug. 7 and the panel that advises O'Malley will begin screening candidates after that. In the past 35 years, the court's workload has grown by nearly 40 percent and individual judges' caseloads by nearly 42 percent, according to the Department of Legislative Services.
NEWS
By Lorraine Mirabella, The Baltimore Sun | February 18, 2013
For 17 generations, members of Catherine Webb's family have worked or lived on Springfield Farm in northern Baltimore County, where chickens and turkeys roam the hilly ground and, three days a week, Webb sells eggs and chicken meat from a farmhouse garage-turned-store. In Webb's view, such direct-to-consumer sales will sustain the farm's operation for future generations, which include her two daughters and her sister's children. But neighbors have fought a 2006 proposal by her parents to build a farmer's roadside stand inside a three-level barn.
NEWS
By Peter Hermann | June 29, 2012
Maryland's second highest court has upheld the murder conviction of a gang member who shot a man six times in February 2009 on orders from a Bloods leader. The suspect had contested the state's introduction of gang testimony, arguing it prejudiced the jury. Prosecutors are increasingly using this tactic to help jurors understand the context for some of the violence in Baltimore. In this case, it helped because three witnesses, including one who told police the suspect bragged about the killing and two others who identified Tyrone Burris as the shooter, recanted at trial.
NEWS
By Luke Broadwater, The Baltimore Sun | June 12, 2012
A Canadian developer whose bid to build a slots casino in Baltimore was dismissed last year has been rebuffed again by a state appeals court. Maryland Court of Special Appeals Judge Robert A. Zarnoch wrote Monday that developer Michael Moldenhauer's Baltimore City Entertainment Group — which had appealed a decision by the state gambling commission — was "an unsatisfactory bidder. " It was not in the "best interests of the state" to award a license to a company that planned to install only 500 video lottery terminals, he wrote.
NEWS
By Jessica Anderson, The Baltimore Sun | June 5, 2012
The Maryland Court of Special Appeals upheld a Baltimore County man's conviction in the death of his wife who went missing the night she was supposed to go to a Motley Crue concert in Washington and whose body was never found. Dennis J. Tetso, 47, who was found guilty of second-degree murder in the presumed death of Tracey Leigh Gardner, lost his appeal that argued a lack of insufficient evidence to support conviction for second-degree murder. Although Gardner's body was never recovered, the court's opinion agreed with the state's arguments that Gardner's disappearance and lack of contact with family and friends and use of credit cards was enough to show that Gardner was dead.
NEWS
By Nicole Fuller, The Baltimore Sun | March 27, 2012
An attorney for former Anne Arundel County Councilman Daryl D. Jones has filed a notice of appeal in county Circuit Court, in an effort to overturn a judge's recent ruling that the County Council acted properly when it removed Jones from his seat. A judge ruled last week that Jones, who began serving a five-month federal prison term in January for failing to file his income taxes, was required to live in his district during the full duration of his term in office. Jones' attorney Linda M. Schuett had argued that Jones, a Severn Democrat who was re-elected in 2010, was permanently domiciled in his district despite his imprisonment.
NEWS
By Andrea F. Siegel and Andrea F. Siegel,SUN STAFF | December 21, 2001
A state appeals court has erased the guilty verdict of a prisoner convicted of sending a death threat to Maryland's former chief judge from the cell where he is serving multiple life terms. The Court of Special Appeals said Terry P. Dorsey, 33, can have a new trial, this one by jury, because when he did not respond to Anne Arundel County Circuit Judge Clayton Greene Jr., he did not waive his right to a jury trial. Greene had found that Dorsey waived a jury trial, convicted him of threatening a state official and added three years to Dorsey's sentence of three concurrent life terms for sex offenses followed by two concurrent 15-year sentences for burglaries.
NEWS
By Andrea F. Siegel and Andrea F. Siegel,SUN STAFF | October 5, 1999
Ten months ago, the Maryland Court of Special Appeals overturned the child molestation conviction of James T. Brown Jr. because his trial had been delayed many times in Baltimore Circuit Court.The court's action brought to light problems in the city's court system that led to large-scale reforms, including a crackdown on trial delays and construction of courtrooms.Yesterday, the court reinstated Brown's conviction, ruling that his constitutional right to a speedy trial was not violated because any delay did not harm his defense.
NEWS
By Frederick N. Rasmussen, The Baltimore Sun | June 9, 2011
Judge John J. Bishop Jr., former member of the Maryland Court of Special Appeals who earlier had served in the state Senate for 14 years, died Monday of complications from Alzheimer's disease at his home in the Loch Hill section of Baltimore County. Judge Bishop was 83. "He was an extremely honest individual, and there was never anything phony about Jack Bishop. He was very conscientious, so it was easy for me to appoint him in 1981 to the Court of Special Appeals," said former Gov. Harry R. Hughes.
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