Notable and Significant Cases

Judge Arthur M. Monty Ahalt

Notable and Significant Cases as a Lawyer and a Judge

1967 – 2025

I must state at the outset that Jesus Christ is my personal Lord and Savior. Throughout my career in the law, now stretching 58+ years starting with law school in 1964 and admission to the bar in 1967, I have been blessed with many cases. Each case is a unique combination of individuals with strong feelings in the correctness of their positions. I came to explain to the competing and  clashing sides that “somebody was not going to be right” if the case ended up in the courtroom before a judge or jury. 

As I matured as a bible studying christian I came to appreciate that each client and each case was a special assignment from the Lord. The case did not just end up in my office or  court assignment by accident, but the Lord was using the case to work something out for my client, the parties and even sometimes for me. And Scripture tells me that as a Judge, and as all public servants, I am an agent of the Lord. Romans 13:4. My simple daily prayer for wisdom as invited by scripture in James 1:5-8 provided amazing results. Many times I felt in my spirit -I am not sure what I am doing is correct, but the spirit is leading me. The Bible is a great teacher of conflict- what causes it and what resolves it. The Bible is a series of stories outlining how God/Jesus uses conflict to draw people to see the certainty that His Commandments ,Statutes and Decrees are the only way to have a safe and prosperous life.And the Ten Commandments provide the structure which supports the social system established by the Declaration of Independence and the U. S Constitution and the Constitution of each State.This is what apostle Paul was confirming in Romans 2:14 – ” Indeed, when Gentiles, who do not have the law, do by nature things required by the law…” And was referenced in the Declaration of Independence – “…to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them…”  True Justice is revealed by the Bible and leads to a Biblical Worldview. 

The courthouse and courtroom are clearly an intersection of life that the Lord uses in very dramatic fashion. I was often asked which case was my favorite to which I responded – “My Next Case” – because each new case brought a human drama into my courtroom and I often saw the hand of the Lord working something out with the parties , witnesses and sometimes even myself.The Lord was working things out – even in the lives of my courtroom staff – court clerk, bailiff, sheriff, court reporter and the lawyers.

Clerking for a Judge – After graduation from law school in 1967, I was very fortunate to obtain a clerkship with Prince George’s County Circuit Judge Ralph W. Powers. Judge Powers was one of five circuit judges in Prince George’s County, Maryland and one of eight judges in the 7th Judicial Circuit composed of Prince George’s, Charles, Calvert and St. Mary’s Counties. Judge Powers was a leader in the Circuit and a Judge who liked to try cases. So the one year I spent with him was a daily learning experience of watching the drama of the courtroom and dutifully summarizing all cases on the daily docket of Judge Powers and assisting him in drafting opinions and orders. Judge Power’s chambers were  adjoining Judge Roscoe Parker’s chambers and right across the hall from the Visiting Judge’s Chambers which were regularly occupied by the Chief Judge of the Circuit – J. Dudley Digges from Charles County  and Judge Perry G. Bowen from Calvert County. Because Charles and Calvert Counties dockets were very light both judges regularly came to Prince George’s County to help out with the very heavy docket. Neither of these judges had law clerks so  Judge Parker’s clerk , Richard J. Clark (later a Charles County Circuit Court Judge) and I volunteered to serve as their clerks while they helped out with the docket. 

When Judge Powers was elected as a delegate to the Maryland Constitutional Convention of 1968 he knew he was going to be absent from the courthouse from January to April. Not wanting me to sit around without anything to do he walked me across the hallway to Judge Digges’ Chambers and said “Dudley –  Monty will need something to do for the next four months so I am deeding him to you for your clerk”. This turned out to be one of the most transforming four months in my life as Judge Digges, a bachelor and President Elect of the Maryland State Bar Association, was a Circuit Court Judge in a rural county (Charles County, MD) where he had no secretary or law clerk.He communicated as necessary on the phone or his court reporter would occasionally type a letter for him. So I not only became his clerk, but his chauffeur and secretary. What a life changing 4 months as I met most of the leaders of the Bar in Baltimore and Annapolis, including a Delegate in the House of Delegates from the eastern shore, Harry Hughes, who Judge Digges introduced to me as a future Governor – the same  Harry Hughes who as Governor in 1982 appointed me to the Circuit Court. As it turned out these Judges – Powers, Digges and Bowen – provided a superb model for me to follow when I was appointed and elected as a Circuit Court Judge. But they  were not the only models as three seasoned jurists in Prince George’s County provided me daily mentoring with the unique ways each dispensed justice in their courtrooms – Judges William McCullough, Albert Blackwell and Jacob Levin.

Maryland Circuit Docket. The case load of a Maryland Circuit Court is generally divided as follows. 50% family disputes, 15% criminal cases, 10% juvenile cases,10% civil damage cases, 10% miscellaneous civil cases and 5% land cases. Very few cases ever come to the public’s attention in the daily news cycle.

A few of the cases that I handled as a lawyer and judge were noted in the news.

Practice of Law

1. State v Frederick Douglas Johnson July 8, 1970 258 Md. 597 267A.2d 152 – Death Penalty case that was removed from Prince George’s County, Maryland  to Calvert County, Maryland. Defendant was accused of killing an A&P manager in Suitland, Maryland during a robbery. A jury trial had to be waived because the jury could recommend “with or without” capital punishment. Judge Perry G. Bowen, in a court trial, found the defendant guilty and sentenced him to death. A three judge review of the sentence panel was expanded to all 8 judges in 7th Circuit which  affirmed the death penalty. The Court of Appeals of Maryland  affirmed the verdict of Guilty and death sentence. Certiorari to the Supreme Court of the United States resulted in reversal along with Furman v Georgia and other cases holding the death penalty unconstitutional without a meaningful right to a  jury trial. Co-Counsel with Blair Smith and Orie Seltzer.
2. Palmer Highway Armed Robbery – My First Jury Trial prosecuted by E. Allen Shepherd (Later a District Court and Circuit Court Judge). Photo identification of the defendant as the person who held up the cashier with a gun.On the day of trial the Jury Commissioner did not have enough jurors so Judge Robert Mathias ordered the deputy courtroom sheriff to go to the streets of Upper Marlboro and roundup  enough eligible jurors – a talesmen jury .Verdict of Guilty
3. First Appellate Case – REAGAN v. STATE | 6 Md. App. 477 (1969) | dapp4771418 | Leagle.com – Attorney(s) appearing for the Case. Thomas V. Miller( later Senator Miller, President of the Senate) for appellant Edwards, and Arthur M. Ahalt for appellant Reagan. Henry J. Frankel, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Arthur A. Marshall, Jr., State’s Attorney for Prince George’s County, and Vincent J. Femia, Assistant State’s Attorney
4. The Rear end collision on BW Parkway – Represented a plaintiff who was coming to Washington DC on the BW parkway in stop and go traffic. He was struck from behind by a car full of nuns but did not observe anything prior to the collision. Don Ryder from Rockville represented the defendants. Judge William McCullough directed a verdict for the defendant because the plaintiff did not prove negligence since at that time the law did not allow an inference of negligence merely because of the collision. The law has since changed. Fortunately, the plaintiff was not seriously hurt.I always wondered if the fact that the defendant’s car was a car full of Catholic nuns had made the difference.
5. WSSC Condemnation Case – successfully established the value of a 200 sq. ft. sewer right of way had a market value of $55,000 because it prevented development of the property because of interference with required parking for a commercial building – Judge McCullough – I qualified a real estate expert as a zoning expert to opine that without the 200 Sq ft the parcel of land could not be used for an office building – Judge McCullough did a surprise quiz of the expert asking what the code requirements were for a special exception which the expert passed with flying colors because of pre-trial preparation.
6. Medical Malpractice  – misdiagnosis of spinal meningitis. A four year old boy went to his family doctor with a cold and a stiff neck. During the trial my standard of care witness started to equivocate and I had to rehabilitate – not a very good event for a plaintiff – the jury deliberated for 2 days – Defendants verdict.
7. State of Maryland v. DC Transit and O.Roy Chalk – represented DC Transit and Mr. Chalk along with Blair H. Smith and Edwin Brown of Rockville, Md – in a condemnation case taking the right of way- established the unique value of a utility right of way – the streetcar right of way that went from Mt. Rainier, Maryland to Beltsville, Maryland ( right past 7007 Rhode Island Ave., Coolege Park, Maryland , my childhood home ). The consequences of the abandoned and taken right of way are still being litigated to this day.
8. Tony  – a 10 year old dart out pedestrian – mail truck case .Out of the mouths of babes – Tony was severely injured with multiple broken bones -when asked – in front of the jury –  how he felt that first night in the hospital he said “fine”. Jury Trial in Calvert County after removal in front of Judge Bowen and a jury resulted in a $10,000 plaintiff’s verdict. James Couch represented State Farm- Later a Court of Appeals Judge.
9. Prince Georges’ County Personnel Board – Represented the Board for 4 Years. Drafting Decisions for the Board in contested personnel actions.
10. Prince George’s Correctional Officers Case – The correctional officers started a “stop work” action over deplorable conditions in the jail. County Executive Larry Hogan Sr took swift action and fired all of the officers. I represented the officers and succeeded in having most all of them reinstated.The “deplorable conditions” would lead Loreeta Tofani’s pulitzer prize winning investigative reporting , A GRAND JURY INVESTIGATION and contempt trial

As a Circuit Court Judge for over 40 years – After over 1,000 jury trials – many more court trials and even more motion rulings these few cases are representative of a Maryland Circuit Judge’s docket of cases.

1. 1. State v Derrick O’Brien Holmes 11/5/84 – Famous welterweight boxer convicted of murder in a christmas tree lot.
   2. State v Loretta Tofani – 1983 – Washington Post reporter refusal to testify before Grand Jury regarding her Pulitzer Prize winning series of articles revealing run-away criminal activity among the inmates in the Prince Georg’s County Jail.
      1. 297 Md. 165
   3. State v Ruban Jackson 6/21/85 – only death penalty by jury in Prince George County – motion for new trial as a juror did not reveal he was the victim of an Armed robbery – plea agreement sentenced to life without parole.
   4. State v Jame Patrick Beamon 6/24/90 – murder of 4 on the “bloodiest day”.
   5. State v Charles M. Stephens 1/9/92 – rape and the AID’s virus.
   6. State v Alfred Hawkins 3/13/92 – Arson case- the defendant was a firefighter and Vietnam Vet.
   7. State v Damon Alston, Jr. 3/7/93 – Murder trial where two children died in a fire allegedly set by defendant – jury acquits.
   8. State v Gerald Eiland and Jerry S. Tyler 12/7/93 – The defendants were accused of killing Jay Bias the brother of Len Bias and convicted. State v Eiland only case heard en banc by all the judges of the Court of Special Appeals
   9. State v Terrance Zachery Butler 4/19/94 – The defendant found guilty of killing girlfriend and son in Oxon Hill and then stuffing the bodies in the trunk of a car and driving the car to Washington DC where he set the car on fire. The Court of Appeals reversed the conviction changing the law by requiring the jury to determine jurisdiction as a factual matter as opposed to a judge as a legal matter. The law for over 100 years had been that jurisdiction was always a legal question to be determined by the Court.On retrial the defendant was again found guilt
   10. University of Maryland Hazing Trial – 7/14/97 – $375,000 verdict
   11. State v Brian Lamont Sowell – 8/13/97 – Defendant on home detention commits rape.
   12. ACLU v Leopold – Anne Arundel County Case involving Maryland records act violations by County Executive who also had been convicted of misconduct in office.

Cases not litigated but settled. –  The most rewarding part as a judge was helping people reach a satisfactory resolution through compromise and settlement. The Prince George’s County Circuit Court was unique and a leader in requiring the parties to attend a settlement conference in the 1980s.The Anne Arundel County Circuit Court where I sit as a Senior Judge from 2004 to 2025 was also a leader in using pretrial hearings to accomplish settlement.