HEADNOTE
CONFESSED JUDGMENT – PURCHASE OF RESIDENTIAL
PROPERTY – THE PROVISIONS FOR PAYMENT – PARTIAL
DEFAULTS OF PAYMENT – THE ATTORNEYS' NEGOTIATIONS
– THE CONFESSED JUDGMENT NOTES – CONFESSED
J...UDGMENT – THE ALLOCATION OF THE BURDEN OF PROOF
– WHAT IS A MERITORIOUS DEFENSE? A QUESTION OF LAW
FOR THE COURT – A MERITORIOUS DEFENSE TO WHAT? –
THE ANTECEDENT DEBT – SECTION 14-1315 APPLIES – LATE
FEES – OF SHIPS AND SHOES AND SEALING WAX ...
Appeals
Chow v. State, 393 Md. 431 (07/27/2006)
Jul 27, 2006
OUTCOME: Reversed
Headnote: The temporary gratuitous exchange or loan of a regulated handgun between two adult individuals, who are otherwise permitted to own and obtain a regulated handgun, does not constitute an illeg...al “transfer” of a firearm in violation of Maryland Code (1957, 1996 Repl. Vol., 2002 Supp.), Art. 27, § 442, in particular, subsection (d). The plain language of § 442(d), when construed in harmony with the rest of the subheading, reveals that “transfer” refers to a gratuitous permanent exchange of title or possession and does not include temporary exchanges or loans.
The inclusion of the word “knowingly” in Maryland Code (1957, 1 996 Repl. Vol., 2002 Supp.), Art. 27, § 449(f), placed in context with the statute as a whole, indicates a specific intent mens rea. Therefore, we find that a violation of § 442(d) and imposition of a penalty under § 449(f) requires that one have a specific intent and requires that a defendant “know” that the sale, rental, transfer, purchase, possession, or receipt of a regulated firearm of which they are a participant in is illegal.
Appeals
Chow v. State, 163 Md. App. 492 (06/02/2005)
Jun 02, 2005
OUTCOME: Affirmed
This appeal requires us to consider the scope of conduct the
General Assembly sought to prohibit by its enactment of Maryland
Code (1957, 1996 Repl. Vol., 2002 Supp.), Art. 27, § 442(d). This
subsec...tion makes it unlawful for a person, who is not a regulated
gun dealer, to “sell, rent, transfer, or purchase any regulated
firearm” until seven days after submission by the prospective
purchaser or transferee of an application to purchase or transfer
the firearm. We are asked to decide in particular whether the verb
“transfer,” as it is used in this subsection, includes a temporary
exchange - a loan - of a firearm by its owner to another person. For
the reasons we shall explain, we hold that it does.
Violent crime
Lamb v. State, 141 Md.App. 610 (12/05/2001)
Dec 05, 2001
OUTCOME: Case Remanded
Appellant Gary Edward Lamb was charged with disorderly
conduct, second degree assault, intentionally and knowingly
obstructing and hindering a police officer in the lawful
performance of his duties,... willfully failing to obey the
reasonable and lawful order of a law enforcement officer, and
resisting arrest. Appellant was tried in the Circuit Court for
Prince George’s County on December 11-12, 2000 by a jury. After
the trial court granted the motion for judgment of acquittal by
appellant’s counsel as to the disorderly conduct count,
appellant was convicted by the jury on the remaining four
charges.
