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DEPARTMENT OF HUMAN RESOURCES v. HOWARD

No. 53, September Term, 2006.

918 A.2d 441 (2007)

397 Md. 353

DEPARTMENT OF HUMAN RESOURCES, Anne Arundel County Department of Social Services v. Sherri HOWARD.

Court of Appeals of Maryland.

March 13, 2007.

Attorney(s) appearing for the Case

Sandra Barnes, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. on brief), for petitioner.

Neal M. Janey, Jr. (Janey & Dixon, P.C., Catonsville, Ilona McClintick, Baltimore, all on brief), for respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

HARRELL, J.

This case presents an opportunity to consider an infrequently occurring phenomenon of appellate practice in Maryland. That phenomenon is the in banc proceeding. We focus here on the extent to which, when the Court of Special Appeals hears and decides an appeal in banc with a full complement of the thirteen incumbent members of the Court, specially assigned retired judges properly may sit also on the in banc court. With all respect to our retired appellate...

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