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Per Curiam Opinion

Apr 6, 2020

Husband did not tell court about missing exhibit

Where husband did not provide the court with documentation about his wife’s retirement account, he cannot complain on appeal that the court awarded the account to wife instead of making an equitable distribution. Retirement account “Husband alleges that he had obtained documentation about wife’s retirement and submitted it to the circuit court. On October 3, […]

Mar 23, 2020

Despite challenge, evidence supports drug convictions

There was no error in the wiretaps used to identify defendant’s participation in a drug distribution ring. Moreover, the evidence was sufficient to support the convictions and there was no error in calculating the amount of heroin for sentencing purposes. Background A jury in the District of Maryland convicted defendant Olden Minnick of eight offenses […]

Mar 23, 2020

Disputed facts prevent review of qualified immunity ruling

An officer involved in a shooting was not entitled to qualified immunity because there were disputed issues of material fact over whether the danger had passed when he shot into a car. The same disputed issues meant immediate interlocutory appeal was not available. Background Officer Robert Cooper of the Forest Acres Police Department shot and […]

Mar 23, 2020

Challenge to Maryland’s ballot signature policy fails

The Libertarian Party of Maryland’s challenge to the state’s requirement for placing a candidate on the ballot –  the signatures of 10,000 registered Maryland voters collected within two years of the filing date – was properly dismissed. As a matter of law, there is a “reasonable” fit between the signature policy and Maryland’s interest in ensuring […]

Feb 28, 2020

Capital defendant loses bid to file another habeas petition

Where a North Carolina inmate attempting to challenge his capital sentence on the basis of his intellectual disability could not establish that recent Supreme Court decisions applied retroactively to cases on collateral review, his motion seeking authorization to file a successive application for a writ of habeas corpus was denied. Background Timothy Richardson filed a […]

Feb 28, 2020

Surety’s claims against bank fail

A surety that paid out more than $3.7 million in claims failed in its attempt to sue the principal’s bank because its claims were time-barred, a negligence claim failed as a matter of law, there was no confidential relationship as required for a constructive fraud claim and the elements of breach of trust, constructive trust […]

Feb 17, 2020

Two holes-in-one are unlucky for PGA tournament host

Where the sponsor of a PGA tournament accepted the terms of a policy that insured payouts for a hole-in-one at least 170 yards in distance, its claims that the insurer breached duties by failing to obtain a policy covering holes-in-one from 137 yards was rejected. Background In July 2015, Old White Charities Inc. hosted and […]

Feb 17, 2020

Complaint to enforce support agreement properly dismissed

The circuit court correctly dismissed appellant’s complaint that alleged appellee breached an agreement to pay child support. The agreement was never incorporated into the circuit court’s final divorce order and, based on appellant’s representation that the JDR court had addressed custody, visitation and support matters, the circuit court transferred those matters back to the JDR […]

Feb 17, 2020

School board could terminate software contract

Where a multiyear software subscription contract was subject to an “appropriations” clause, and the record showed North Carolina’s Johnston County Board of Education decided not to appropriate money to the contract after the first year, the school board prevailed on the breach of contract claim. Background In this appeal, we review an order dismissing a […]

Feb 17, 2020

Upward sentence departure of 143 months found unreasonable

A defendant who pleaded guilty to arson and was convicted of making a false statement to influence a bank loan is entitled to resentencing because the district court failed to identify an aggravating circumstance not accounted for by the sentencing guidelines when imposing a 240-month sentence, which represented a 143-month upward departure from the guidelines. […]

Feb 17, 2020

Police had reasonable suspicion to detain defendant

Where a law enforcement officer knew there was a warrant for someone named “Lewis,” knew the defendant was known as “Lewis” and the defendant fled when he was told about the warrant, the officer had reasonable suspicion to detain him. Curtilage argument Before the district court, appellant asserted there was a lack of reasonable suspicion to […]

Feb 16, 2020

En banc panel declines to review habeas ruling

On the question of whether juror misconduct—seeking a pastor’s advice about the death penalty during deliberations and relaying that communication to other jurors—influenced the jury’s decision to impose the death penalty, a majority of the panel denied an en banc hearing. Background A requested poll of the court failed to produce a majority of judges […]

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