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By Peter Hermann, The Baltimore Sun | October 30, 2011
A man with no country has a chance to stay in the United States a bit longer. Maryland's highest court has ruled that 36-year-old Mark Denisyuk, who has been in the United States illegally for more than two decades, deserves another trial on five-year-old assault charges because no one told him his guilty plea could lead to his deportation. The ruling means Denisyuk can stay in the country — his lawyer says he's been released from the custody of federal immigration officials — at least until his case is resolved in Harford County.
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NEWS
James O'Conor Gentry Jr | September 2, 2014
As one of two former prosecutors in the 1995 murder trial of then-police Sgt. James Kulbicki (" Ex-Baltimore Police sergeant granted new trial in murder of mistress," Aug. 27), I was outraged and incredulous to learn that the Court of Appeals of Maryland has, for the second time, reversed the conviction of a man who was tied by overwhelming evidence to the senseless and brutal execution of an innocent, young woman more than 19 years ago. Two juries have already found that on January 9, 1993, Gina Nueslein, just 22 years old at the time, was shot in the head by Sgt. Kulbicki for daring to ask him to provide child support for their 18-month old son. Evidence showed the police veteran abducted Nueslein and, as she sat in his pick-up truck, placed the barrel of his gun against her head and pulled the trigger.
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NEWS
BY A SUN STAFF WRITER | November 5, 1999
A week after being moved from Baltimore Circuit Court to federal court at the request of the defendants, one of two lawsuits filed by attorney Peter G. Angelos against lead paint manufacturers is back in state court.U.S. District Judge Frederic N. Smalkin ordered the return of a lawsuit seeking $15 million in damages from several corporations for each of six children, who allegedly suffered severe lead poisoning.Smalkin said a "sufficient possibility" existed that one of those corporations, Bruning Paint Corp.
NEWS
By Ian Duncan, The Baltimore Sun | June 30, 2014
One-fourth of the names on Maryland's sex offender registry could be removed after the state's top court expanded Monday on an earlier ruling that adding offenders from before the list was created violated the state constitution. The Court of Appeals declared last year that the state could not require the registration of people who committed their crimes before October 1995, when the database was established. State officials removed the one name in question in that case but maintained that federal law required them to keep older cases in the database.
NEWS
By Lyle Denniston and Lyle Denniston,SUN NATIONAL STAFF | November 24, 1998
WASHINGTON -- Bolstering a multistate campaign to end criminal prosecution of private sex acts between homosexuals, the Georgia Supreme Court struck down that state's law against sodomy yesterday.The Georgia court became the seventh state tribunal in recent years, including a Baltimore City court last month, to nullify or severely weaken state laws that are designed mainly to outlaw gay and lesbian sex.Among gay rights issues being fought in courts and legislatures, the challenges to anti-sodomy laws have most often succeeded -- even as efforts to overturn restrictions on gays in the military and on same-sex marriages have failed.
NEWS
BY A SUN STAFF WRITER | November 30, 1999
The second of two lawsuits charging paint manufacturers with conspiring to conceal the hazards of lead poisoning has been ordered by a federal judge to be sent back from federal court to state court.Attorneys for the manufacturers filed a "notice of removal" last month to move the lawsuits -- filed by attorney Peter G. Angelos in Baltimore Circuit Court -- to federal court, arguing that the plaintiffs lived in Maryland but the defendants were incorporated in other states.This month, U.S. District Judge Frederic N. Smalkin rejected that reasoning, sending one lawsuit -- seeking $15 million in damages for each of six children with lead poisoning -- back to state court.
NEWS
By Lynn McLain | September 28, 2011
When one of Charles Dickens' characters said, "The law is an ass," he could easily have been referring to the recent Maryland Court of Appeals decision that makes it practically impossible for the state to prosecute legislators for taking bribes - unless, perhaps, they are caught on video or with a wired informant. Instead of taking the opportunity to put teeth in the state bribery law, the Court of Appeals affirmed the dismissal of the indictment against Baltimore City Councilwoman Helen B. Holton on the grounds of "legislative privilege.
BUSINESS
By M. William Salganik and M. William Salganik,SUN STAFF | November 4, 2003
The Supreme Court agreed yesterday to decide whether patients can sue HMOs in a state court for refusing to pay for care recommended by a doctor. The issue is at the core of the tension between insurers' efforts to rein in health care costs and patients' fears that they might be denied needed treatment. The case involves two patients from Texas who sued their health maintenance organizations for complications they said they suffered because of their HMOs' cost-related decisions. A federal appeals court upheld the right of those patients to sue in state court under a Texas law. Their insurers, Aetna and Cigna, appealed, arguing that the suits must by tried in federal courts where, unlike state courts, damages are severely limited.
NEWS
By Lyle Denniston and Lyle Denniston,SUN NATIONAL STAFF | November 29, 2000
WASHINGTON - Lawyers for Texas Gov. George W. Bush urged the Supreme Court yesterday to issue a ruling that would solidify his certified presidential victory in Florida and insulate that victory from the contest Vice President Al Gore is now waging. If the court does as Bush's team asked, his lawyers said, it would "substantially diminish" the possibility of a "constitutional crisis." A crisis would occur, Bush's side argued, if both candidates laid claim to having won the state. Gore's claim, they said, could be based on a slate of presidential electors awarded to him by the Florida courts as a result of his current contest in state court.
NEWS
By John A. Morris and John A. Morris,Staff writer | January 24, 1991
The Anne Arundel County District Court must find a new home because of a statewide reorganization of courthouse employees.Voters passed a referendum in November that transferred supervision of the Clerkof the Court's office in the 23 counties and Baltimore from the comptroller to the judicial branch. That doubled the size of the Circuit Court's work force and requires more administrators, District Court Chief Judge Robert Sweeney said.Sweeney said judicial officials want to build a new district courthouse and convert the existing court building, adjacent to the stateCourt of Appeals, into administrative offices for the state court system.
NEWS
By Justin George, The Baltimore Sun | May 2, 2014
People in Maryland are being called and told to pay a fine over the phone for missing jury duty. It's a scam. The Maryland Judiciary on Friday issued a warning about calls that have surfaced in Prince George's County, where someone claiming to work for a circuit court has called residents saying they have been charged with contempt for not reporting to jury duty. The caller refers to a judge by name and demands payment of a fine over the phone using a pre-paid credit card.
NEWS
By Ian Duncan, The Baltimore Sun | October 16, 2013
The Maryland attorney general's office has asked the U.S. Supreme Court to review a ruling by the Court of Appeals about the way Maryland handles the taxation of out-of-state income that could cost counties $50 million a year. Maryland provides credits for taxes that are paid to other states but does not extend those credits to the local portion of the state taxes that is used to partly fund counties and Baltimore. Brian and Karen Wynne, a Howard County couple, contested the second part of the law and the state's top court ruled this year that it violates the Commerce Clause of the U.S. Constitution.
NEWS
By Ian Duncan and Yvonne Wenger, The Baltimore Sun | July 10, 2013
Thirteen inmates convicted of murder have been released from prison - and dozens more could be freed - after Maryland's highest court ruled that jurors had been given improper instructions in the decades-old cases. The Court of Appeals ruling effectively entitled as many as 200 prisoners convicted before 1980 of crimes including murder, attempted murder and rape to demand new trials. The difficulty of retrying the old cases has prosecutors throughout the state fighting to keep violent offenders behind bars.
NEWS
By Erin Cox, The Baltimore Sun | July 3, 2013
Maryland achieved several milestones Tuesday as Gov. Martin O'Malley named the first woman to lead what will be the first female majority on the state's top court. The appointments, announced Wednesday in Annapolis, mark a shift in a male-dominated profession and put Maryland among a minority of states with their highest courts led by women. "In every generation we make progress toward the sort of country we want our kids to grow up in," O'Malley said. O'Malley elevated Court of Appeals Judge Mary Ellen Barbera to be chief - the highest-ranking judge in Maryland - and he appointed Court of Special Appeals Judge Shirley M. Watts to take the seat of retiring Chief Judge Robert M. Bell.
NEWS
By Jessica Anderson, The Baltimore Sun | April 8, 2013
The Baltimore County police union says county officials have ignored a ruling by the state's highest court to reimburse some 400 retired Police Department employees for overpaid insurance premiums. A Maryland Court of Appeals decision in November required the county to reimburse the employees for wrongful deductions, but in a motion filed Friday in county Circuit Court, the Fraternal Order of Police, Lodge 4, says it hasn't happened. The union estimates the county owes retirees $572,887.10 through May 2011.
NEWS
By John Fritze, The Baltimore Sun | January 18, 2013
In a decision that could have implications for how show and sports tickets are sold in Baltimore, the state's highest court ruled Friday that service fees charged by Ticketmaster amount to scalping — setting up the possibility that people who attended some events might ultimately be eligible for refunds. The ruling, which stems from a class action lawsuit brought in federal court in 2011, relies on an obscure 1948 Baltimore ordinance rushed through the City Council to curb scalping of Navy football tickets.
NEWS
By Washington Bureau | March 23, 1993
WASHINGTON -- Anthony Grandison Sr., sent to Maryland's death row after being convicted of hiring a killer to murder two employees at a Pikesville motel a decade ago, is temporarily free from any immediate threat of execution, as a result of a brief Supreme Court order yesterday.State prosecutors, however, will be free to ask for new death sentences.Although prosecutors handling the case could not be reached yesterday, they had given no indication that they would not seek the same sentences again.
NEWS
By Lyle Denniston and Lyle Denniston,SUN NATIONAL STAFF | December 6, 2000
WASHINGTON - Using law as another way to play politics, eight teams of lawyers pursued a conflicting array of presidential election agendas as they filed new briefs yesterday with the Florida Supreme Court. Each of the eight documents had the same purpose: to tell the state court how it might rewrite its 2-week-old ruling legalizing manual recounts - a ruling that favored Vice President Al Gore but one that the U.S. Supreme Court has said must be reconsidered. On Monday, the nation's highest court said it wanted the state court to clarify the legal basis for its ruling on the ballot fight in Florida.
NEWS
By Jessica Anderson, The Baltimore Sun | November 19, 2012
About 400 retired Baltimore County Police Department employees could see their health insurance premiums reduced and past overpayments reimbursed, after the Maryland Court of Appeals ruled Monday in favor of a grievance brought by the police union. The Baltimore County Fraternal Order of Police, Lodge 4, filed the grievance after county officials approved changes in 2007 to the way the county subsidized health insurance for a group of police retirees. Under an agreement, Police Department employees who retired between Feb.1, 1992, and June 30, 2007, were required to pay 15 percent of health insurance premiums while the county would pay 85 percent, and the union believed that the plan was fixed until the retirees became eligible for Medicare.
NEWS
By Peter Hermann | May 2, 2012
The case before the Maryland Court of Appeals is straightforward. Detectives in Montgomery County got a warrant to intercept cell phone calls of a suspected drug dealer. They caught him in the act and made an arrest, finding marijuana in his suitcase. A jury convicted the man and he was sentenced to five years in prison. But he argued that the cops exceeded their authority. The telephone conversation the cops picked up was placed in Virginia, and was made to another man in another state.
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