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Appeal from the Superior Court of the District of Columbia
Family Court, Domestic Relations Branch

Motion for leave to file brief of amicus curiae in supoort of appellees' petition for a rehearsing or for a rehearing en blac.

Link to PDF Document

Michael Bryant v. State

Case 1154,June 1, 2005,Maryland Court of Special Appeals

Appellant, was convicted by a jury sitting in the Circuit Court for Montgomery County of first degree premeditated murder, felony murder, and first degree burglary. He was sentenced to life imprisonment without the possibility of parole for the first degree premeditated murder conviction and to a concurrent twenty-year term for the burglary conviction. Appellant presents two questions for our review, which we have
reworded slightly:
I. Did the trial court err or abuse its discretion in precluding appellant from presenting an expert witness who would have testified to appellant’s psychological profile and its relationship to the mens rea of the
crimes charged?
II. Did the trial court err or abuse its discretion in allowing the State to introduce into evidence communications that were privileged and irrelevant?

http://www.courts.state.md.us/opinions/cosa/2005/1154s03.pdf

Horridge v. Department of Social Services

Summary: Maryland law requires any person having reason to believe that a child has been subjected to abuse or neglect to make a fairly detailed report to either the local department of social services (DSS), which is a unit of the State Department of Human Resources and
therefore a State agency, or an appropriate law enforcement agency. The law requires DSS, promptly after receiving such a report, to make a “thorough investigation” in order to protect the health, safety, and welfare of the child. Part of that requirement is the directive that, if the report is of physical or sexual abuse, DSS must, within 24 hours, “see the child,” attempt to have an on-site interview with the child’s caretaker, and decide on the safety of the child.

The principal questions before us are whether (1) the statutory obligation to conduct a thorough investigation and take appropriate steps to protect the child creates a civil duty on the part of DSS to the child who is the subject of a report of abuse, and (2) if so, and subject to the State Tort Claims Act, liability exists on the part of the State or individual social workers if harm ensues to a child because of a negligent breach of that duty. We shall answer both questions in the affirmative...............................

http://www.courts.state.md.us/opinions/coa/2004/80a03.pdf

Wynn v. State

Wynn v. State, No. 115, September Term, 2004 , COURT OF APPEALS OF MARYLAND , 388 Md. 423; 879 A.2d 1097; 2005 Md. LEXIS 477, August 11, 2005, Filed

A trial court erred in dismissing the State's charges of assault and illegal use of a handgun against a defendant after a mistrial as a sanction for the State violating the court's scheduling order by not refiling the charges timely under Md. Code Ann., Crim. Proc. § 6-103(a) and Md. R. 4-271.

Coots v. Wachovia Sec.

Coots v. Wachovia Sec., No. 04-1112, No. 04-1384 , UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT , 114 Fed. Appx. 586; 2004 U.S. App. LEXIS 25554, October 28, 2004, Argued, December 10, 2004, Decided, RULES OF THE FOURTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT.

Coots v. Wachovia Sec., Inc., Civil Action No. PJM 03-705 , UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND , 304 F. Supp. 2d 694; 2003 U.S. Dist. LEXIS 24331, December 15, 2003, Decided, Related proceeding at Coots v. Allstate Life Ins. Co., 313 F. Supp. 2d 539, 2004 U.S. Dist. LEXIS 6168 (D. Md., 2004) Vacated by, Remanded by Coots v. Wachovia Sec., 2004 U.S. App. LEXIS 25554 (4th Cir. Md., Dec. 10, 2004)

Defendants' motion to compel arbitration of plaintiffs' conversion claims was denied because plaintiffs, non-signatories of the agreement containing the arbitration clause, were not equitably estopped from resisting enforcement of the clause.

Jacquelyn A. Coots, et al. v. Wachovia Securities, Inc., et al. (opinion)
Jacquelyn A. Coots, et al. v. Wachovia Securities, Inc., et al. (order)

Coots v. Allstate Life Ins. Co., Civil Action No. DKC 2003-3185 , UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND , 313 F. Supp. 2d 539; 2004 U.S. Dist. LEXIS 6168, April 12, 2004, Decided

An insurer was not liable for conversion after it paid a decedent's life insurance proceeds to his ex-wife as trustee, who spent the money instead of distributing it to their children, because the recipient was the person designated by the decedent.

Jenkins v. State

Opinion from the Maryland Court of Appeals (PDF File Format)
Trial Counsel, Conviction Reversed
Marvin Jenkins v. State of Maryland, CA No. 107, Sept. Term 2002
Reported. Opinion by Cathell, J. Filed 6/12/03
Maryland Judiciary

Argueta v. State

Argueta v. State, No. 831, September Term, 2000, COURT OF SPECIAL APPEALS OF MARYLAND, 136 Md. App. 273; 764 A.2d 863; 2001 Md. App. LEXIS 3, January 3, 2001, Filed

Appellant was in custody when officer asked him why he had a 14 inch knife. Trial court improperly denied appellant's motion to suppress his statements to the officer because he had not been informed of his Miranda rights.

State v. Harding

State v. Harding, No. 637, September Term, 2005 , COURT OF SPECIAL APPEALS OF MARYLAND , 166 Md. App. 230; 887 A.2d 1108; 2005 Md. App. LEXIS 301, December 7, 2005, Filed, Writ of certiorari denied Harding v. State, 2006 Md. LEXIS 215 (Md., Apr. 14, 2006)

A trial court erred by granting defendant's motion to suppress marijuana and a handgun found in a modified air bag compartment in his vehicle after he was stopped for speeding because the experienced officer smelled marijuana, which provided the officer with probable cause to search the whole vehicle, including the obviously modified cover.

Network Int'l, L.C. v. Worldcom Techs., Inc.

Network Int'l, L.C. v. Worldcom Techs., Inc., Civil No. PJM 00-2744, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, SOUTHERN DIVISION, 133 F. Supp. 2d 713; 2001 U.S. Dist. LEXIS 3153, March 5, 2001, Decided, March 5, 2001, Opinion Filed

Federal court recognized defendant's entitlement to damages against bond for wrongfully issued state court TRO. Under Maryland law, court had discretion to award restitution damages, but could not make actual award until conclusion of suit.

Ludden v. Metro Weekly

Ludden v. Metro Weekly, 8 F. Supp.2d 7, 47 U.S.P.Q.2d 1087, 26 Media L. Rep. 2153 (D.D.C. 1998).

Magazine’s summary judgment motion denied in author's trademark infringement action against publisher for the use of newspaper column title because a newspaper column title was a protectable property right under the Lanham Act.

In re Smiroldo

In re Smiroldo, Misc. No. 10, September Term, 1997, COURT OF APPEALS OF MARYLAND, 346 Md. 23; 694 A.2d 948; 1997 Md. LEXIS 82, June 9, 1997, Filed

Gnadt v. Castro

Gnadt v. Castro, United States Supreme Court, October Term, 1995, Petition for Writ of Certiorari to the United States Court of Appeals for the Fourth Circuit (Granted, Vacated and Remanded) (GVR).

Stephen B. Mercer (Of Counsel)

Title VII anti-retaliation provision prohibited retaliation by employer against former employee.

Fort Chaplin Park Associates v. DCRA and Fort Chaplin Tenants Association

Fort Chaplin Park Associates v. DCRA and Fort Chaplin Tenants Association, 649 A.2d 1076 (D.C. 1994).

A housing provider could increase rent to cover the cost of capital improvements where there was substantial evidence that the improvements would protect or enhance the habitability of the housing accommodation.

Stephen B. Mercer

VIATICAL SETTLEMENTS
Table of contents

VIATICAL SETTLEMENTS
By Stephen B. Mercer, Esq. and Elizabeth A. Seaton, Esq.*

WRITTEN STATEMENT AND TESTIMONY OF
STEPHEN B. MERCER, ESQ.
To Be Included in the Hearing Record of
The Subcommittee on Oversight and Investigations
Committee on Financial Services
"Retirement Protection: Fighting Fraud in the Sale of Death."
February 26, 2002

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