BATTAGLIA , J. Charles Stephen Rand, Respondent, was admitted to the Bar of this Court on December 14, 1973. On September 17, 2014, the Attorney Grievance Commission, ("Bar Counsel"), acting pursuant to Maryland Rule 16-751(a), 1 filed a Petition for Disciplinary or Remedial Action against Rand related to his representation of Nancie Klein, in which it was alleged that he violated the following Maryland Rules of Professional Conduct ("Rule"): 1.1 (Competence), 2 1.3 (Diligence), 3 1.4 (...
ADKINS , J. The Attorney Grievance Commission of Maryland ("AGC"), acting through Bar Counsel, filed two Petitions for Disciplinary or Remedial Action ("petitions") against Respondent Tamara Renee Good ("Good") on August 28, 2014 and January 7, 2015. Bar Counsel charged Good with violating the Maryland Lawyers' Rules of Professional Conduct ("MLRPC") in her capacity as a representative of Blaine A. White, Jeanne P. Delaney, Joseph A. Chester, III, Eriss Tubman, Cynthia Lewis, and Paul D....
WATTS , J. This case concerns whether the Court of Special Appeals erred in dismissing on its own initiative an appeal by the Department of Health and Mental Hygiene ("DHMH"), Respondent, and whether the Circuit Court for Anne Arundel County, sitting as a juvenile court ("the juvenile court"), had the authority to order DHMH to continue to provide services after age twenty-one to Dustin R. ("Dustin"), Petitioner, a medically fragile child who needed life-sustaining care. We hold that: (I)...
WATTS , J. This attorney discipline proceeding involves a lawyer who abandoned his representation of clients in two unrelated cases and dishonestly refrained from informing Bar Counsel that he had violated a conditional diversion agreement. 1 Charles Trent Thomas ("Thomas"), Respondent, a member of the Bar of Maryland, agreed to represent Zakary Lee ("Lee") in a criminal case, and agreed to represent Wanda Sue Sines ("Sines") in a separation and divorce matter and in a guardianship...
LEAHY , J. Two-month-old B.N. was taken by his parents to the emergency room at Howard County General Hospital on October 17, 2013, after his daycare provider discovered an injury to his arm. X-rays revealed that B.N. had a complete fracture of the humerus. The attending doctor reported that the injury, not common in a two-month-old, was caused by a "twisting force." B.N. was taken by ambulance to Johns Hopkins Hospital where a skeletal survey revealed that B.N. also had a posterior rib...
WATTS , J. The doctrine of laches, which is both an "affirmative defense" and an "equitable defense[,]" "`applies whe[re] there is an unreasonable delay in the assertion of one [party]'s rights and that delay results in prejudice to the opposing party.'" State Ctr., LLC v. Lexington Charles Ltd. P'ship, 438 Md. 451 , 584, 586, 604, 92 A.3d 400 , 480, 491 (2014) (quoting Liddy v. Lamone, 398 Md. 233 , 244, 919 A.2d 1276 , 1283 (2007)). We decide: (1) whether, generally, the...
PER CURIAM ORDER. For reasons to be stated in an opinion later to be filed, it is this 3rd day December 2015, ORDERED, by the Court of Appeals of Maryland, that the Respondent, Garrett Vincent Williams be, and he is hereby, disbarred, effective immediately, from the further practice of law in the State of Maryland; and it is further ORDERED that the Clerk of this Court shall strike the name of Garrett Vincent Williams from the register of attorneys, and pursuant to Maryland Rule 16-760(e),...
BERGER , J. This appeal arises out of two orders of the Circuit Court for Montgomery County. The first denied Susan Volkman's ("Volkman's"), appellant's, motion for summary judgment against Hanover Investments, Inc.; Hanover's shareholders; and Hanover's wholly owned subsidiary, One Call Concepts, Inc. ("OCC") (collectively, "Hanover"), appellees. Secondly, Volkman appeals the trial court's order granting a declaratory judgment in favor of Hanover. Volkman contends the circuit court...
BARBERA , C.J. On August 7, 2014, Petitioner, the Attorney Grievance Commission of Maryland ("the Commission"), filed in this Court a Petition for Disciplinary or Remedial Action ("the Petition") against Respondent, Michael Bowen Mitchell, Jr. The Petition charged Respondent with violating Maryland Lawyers' Rules of Professional Conduct ("MLRPC") 1.1 (competence); 1.2 (scope of representation and allocation of authority between client and lawyer); 1.3 (diligence); 1.4 (communication); 3.2 (...
GREENE , J. In this case, we address whether a completed Case Information Report ("CIR") 1 served on the opposing parties to a civil lawsuit is a proper vehicle for demanding a jury trial under Maryland Rule 2-325(a). Lisy Corp. ("Petitioner") filed suit against McCormick & Co., Inc., Mojave Foods Corp. ("Respondents"), and Barry A. Adams ("Adams") 2 in the Circuit Court for Howard County, alleging tort and contract claims. Petitioner served all defendants with its complaint along with...
BATTAGLIA , J. In the present case, Cedric Stansbury, Respondent, was informed by Allstate Lien, Jeremy Martin, and Russel Collision, Petitioners, that he would have to pay $1,000 representing "lien enforcement costs" or "cost of process" fees 1 in order to redeem his Mazda RX-8 prior to its sale. 2 It is undisputed that the $1,000 was not actually incurred by Russel Collision but, rather, was the amount agreed upon between Russel Collision and Allstate Lien to conduct the sale. Mr....
McDONALD , J. In this case, both sides have sought to prove a negative. The Appellant, Joseph E. Simms, was convicted of first degree murder and related offenses in 1996. In 2008, well after his conviction had become final, he embarked on an effort under the post-conviction DNA testing statute, Maryland Code, Criminal Procedure Article ("CP"), 8-201, to prove that one item of the prosecution's evidence—socks he had allegedly worn at the time of the murders—lacked his DNA. The State...
McDONALD , J. This case arose out of a hotly-contested primary election campaign for a position on the Circuit Court for St. Mary's County. An experienced prosecutor in the County sought to unseat a newly-appointed judge who, during the course of his career, had represented defendants in criminal cases in the County. As in many election campaigns, each candidate touted, with some exaggeration, his own experience and credentials. And each candidate disparaged, in various ways and without...
PER CURIAM ORDER. The Court having considered and granted the petition for a writ of certiorari in the above entitled case, it is this 23rd day of November, 2015, ORDERED, by the Court of Appeals of Maryland, that the judgment of the Court of Special Appeals be, and it is hereby, vacated and the case is remanded to that Court for further reconsideration in light of Jakeem Roy v. Sandra B. Dackman et al., 445 Md. 23 , 124 A.3d 169 (2015). Costs in this Court to be paid by the...
PER CURIAM ORDER For reasons to be stated in an opinion later to be filed, it is this 10th day November 2015, ORDERED, by the Court of Appeals of Maryland, that the Respondent, C. Trent Thomas be, and he is hereby, disbarred, effective immediately, from the further practice of law in the State of Maryland; and it is further ORDERED that the Clerk of this Court shall strike the name of C. Trent Thomas from the register of attorneys, and pursuant to Maryland Rule 16-760(e), shall certify...
PER CURIAM ORDER. For reasons to be stated in an opinion later to be filed, it is this 6th day November 2015, ORDERED, by the Court of Appeals of Maryland, that the Respondent, Tamara Renee Good be, and she is hereby, disbarred, effective immediately, from the further practice of law in the State of Maryland; and it is further ORDERED that the Clerk of this Court shall strike the name of Tamara Renee Good from the register of attorneys, and pursuant to Maryland Rule 16-760(e), shall...
GRAEFF , J. This appeal arises from a merger between FedFirst Financial Corporation ("FedFirst") and CB Financial Services, Inc. ("CB Financial"). After the merger agreement was announced, Larry Sutton, appellant, a former shareholder of FedFirst, filed a lawsuit against the two companies. He sought to enjoin the merger, alleging that: (1) FedFirst's directors breached fiduciary duties owed to FedFirst's shareholders; and (2) CB Financial aided and abetted the "breaches of fiduciary duty...
BARBERA , JJ. Petitioner, the Attorney Grievance Commission of Maryland ("Commission"), through Bar Counsel, filed in this Court a Petition for Disciplinary or Remedial Action ("Petition") on July 17, 2014, against Respondent, Matthew Richard Young. The Commission alleged that Respondent violated Maryland Lawyers' Rules of Professional Conduct ("MLRPC") 8.1(a) and (b) (bar admission and disciplinary matters) and 8.4(a), (b), (c), and (d) (misconduct) by contracting to perform home...
GREENE , J. The Attorney Grievance Commission of Maryland ("Petitioner"), acting pursuant to Maryland Rule 16-751(a), filed a "Petition For Disciplinary or Remedial Action" against Patricia DuVall Storch ("Respondent" or "Storch"), on April 25, 2014. Petitioner charged Storch with violating various Maryland Lawyers' Rules of Professional Conduct ("MLRPC" or "Rule"), specifically Rule 1.1 (Competence), 1 Rule 1.2(a) (Scope of Representation and Allocation of Authority Between Client and...
GLENN T. HARRELL, JR. , J. (Retired, Specially Assigned) "Expert, Texpert . . . Don't you think the joker laughs at you. . ." "I Am the Walrus" from the Beatles' "Magical Mystery Tour" Album (1967) Perhaps the Beatles were expressing skepticism about self-styled experts and their opinions or just singing nonsense lyrics. Courts do not have the luxury to be ambiguous about such things. They are called upon frequently to assess the qualifications of proffered expert witnesses and the...
