Case law

McKenzie v. State

407 Md. 120 · Court of Appeals of Maryland · Dec 30, 2008

The question in that case was whether a “furnished” house, in which the owner had never lived and indicated clearly she never intended to live, was a dwelling when it was entered by a person and his co-defendant brother. … Thus the constructive dwelling of the owner, if *131 any, had clearly terminated approximately three months before the present crime.

Chew v. State

317 Md. 233 · Court of Appeals of Maryland · Sep 8, 1989

He said he “didn’t want anyone on that panel that knew of the establishment or Mr. Wills.” … The trial judge need only determine whether that reason qualifies as a racially neutral explanation.

Baldwin v. Hopkins

171 Md. 97 · Court of Appeals of Maryland · Nov 18, 1936

Baldwin, one of the appellees, co-administrator pendente lite to serve with the formerly appointed and duly qualified administratrix pendente lite. … This well-established principle of the law applicable to the jurisdiction of orphans’ courts in this state, supported by the Code and decisions of this court, would seem to settle the only issue involved in this case.

Maryland-National Capital Park & Planning Commission v. Montgomery County

267 Md. 82 · Court of Appeals of Maryland · Nov 16, 1972

In each of those cases where the appeal was allowed, the appellant clearly fell within the language of the statute. … Indeed, appellant’s contention, if pursued to its logical conclusion, could mean that every planning expert testifying before the Board of Appeals might qualify as a party for appeal purposes.

State v. Sterling

20 Md. 502 · Court of Appeals of Maryland · Jan 27, 1864

The end proposed by the 95th sec. is an entirely different one; for it provides for the taxation of property, the possession of which is qualified by rights superior, in some sense, to those of the corporation itself. … There can be no question as to the consistency of this provision with the organic character of the bank in this case, whose powers and duties under its charter, are clearly those of an agent or trusteé.

Bell v. Board of County Commissioners

195 Md. 21 · Court of Appeals of Maryland · Apr 12, 1950

The appellant in the case before us is a resident who claims he is qualified under the act, and his position is that the entire act should be upheld. … That was clearly indicated by the Governor in 1947 when he vetoed ten local acts legalizing gambling in six of the counties of the State.

Spangler v. McQuitty

449 Md. 33 · Court of Appeals of Maryland · Jul 12, 2016

-5-  In so holding, we reaffirmed the independent nature of wrongful death actions established in Stewart v. United Elec. … The release unambiguously reveals that the clearly defined recipient was Dr. Elberfeld, which did not constitute a release of all joint tort-feasors.

Williams v. State

417 Md. 479 · Court of Appeals of Maryland · Jan 5, 2011

Section 4-203(b)(6) clearly permits wearing, carrying, or transporting a handgun “by a person on real estate that the person owns or leases or where the person resides,” without registering or obtaining a permit, wholly consistent … —An applicant under the age of 30 years is qualified only if the Secretary finds that the applicant has not been: (1) committed to a detention, training, or correctional institution for juveniles for longer than 1 year after

Ademiluyi v. Md. State Bd. of Elections

458 Md. 1 · Court of Appeals of Maryland · Mar 26, 2018

Thus, Judge Turner clearly satisfies Art. IV, § 2’s requirement that a judicial candidate be “admitted to practice Law in this State[.]” (Continued... … By contrast, to qualify for office, i.e., the process of assuming office, Art.

Helmik v. Pratt

153 Md. 685 · Court of Appeals of Maryland · Dec 7, 1927

The will was probated in ordinary course and, Anna Helmik having died, Pratt qualified as sole executor. … The reasons for that ruling are stated very clearly and forcibly in the court’s opinion, in which he says: *690 “The trouble with this description is there is no beginning point.

Employment Security Administration v. Smith

282 Md. 267 · Court of Appeals of Maryland · Apr 4, 1978

It is established in Maryland that an administrative agency acting in a quasi-judicial capacity cannot take an appeal when one of its decisions is reversed by a circuit court, unless the authority to appeal to a higher court … The Board of Appeals may be a party to any judicial action involving any such decision, and may be represented in any such judicial action by the Attorney General or by any qualified attorney who is a regular salaried employee

Manahan v. Sammon

3 Md. 463 · Court of Appeals of Maryland · Jun 15, 1853

Thurston was appointed and qualified as his trustee. The insolvent papers were returned in the usual manner and filed by the clerk, on the 24th of January 1847. … The construction there given to that act was designed to make it harmonize with the principles established in Alexander vs.

Harris v. State

324 Md. 490 · Court of Appeals of Maryland · Nov 1, 1991

Detective Robert Patton was qualified as an expert in the trafficking and use of narcotics. He testified that most drug traffickers carry weapons and that they often use rental vehicles, as happened here. … He said: “If a guy said ‘I purchased the cocaine from Eric Harris two days before, one day before,’ as in the Anaweck case, that clearly is an indication of an exception that is allowed under the Anaweck case.”

Mayor of Baltimore v. Canton Co.

63 Md. 218 · Court of Appeals of Maryland · Mar 11, 1885

Nor is it compatible with public convenience and the prompt collection of revenue, for the State to trace out all the sub-divided or qualified interests that may be held in *235 real estate, and seek to hold the various owners … After full consideration, we are clearly of opinion that the Act of 1880 under which the appellee claims exemption does not contemplate a deduction from the valuation of the capital stock of a corporation, because of its

Raithel v. State

280 Md. 291 · Court of Appeals of Maryland · May 5, 1977

recognize, as suggested by the Court of Special Appeals, that the evidence presented to meet both parts of the competency test prescribed by the statute may overlap to some extent, we also take the view that both must be established … Kreiner, 109 Md. 361, 370 , 71 A. 1066 (1909), and may be reversed if founded on an error of law or some serious mistake, or if the trial court has clearly abused its discretion. Radman v.

Greenbelt Cooperative Publishing Ass'n v. Bresler

253 Md. 324 · Court of Appeals of Maryland · May 18, 1970

“The law recognizes the importance of free discussion and criticism and matters of public interest to the extent that it grants immunity even with respect to the publication of foolish and prejudicial criticism if they are … The trial court then gave examples of absolute and qualified privileges and told the jury: “You are instructed the publication is qualified[ly] privilegefd] and your verdict should be for the defendant unless you find again

Johns Hopkins Hospital v. Correia

405 Md. 509 · Court of Appeals of Maryland · Aug 25, 2008

“I look at the evidence in the case, it is clearly shown, Hopkins, which it was its duty to delegate for legal purposes. … For example, one or more tort defendants may be entitled to qualified immunity, while other defendants in the same case may not.

Ademiluyi v. Egbuono

466 Md. 80 · Court of Appeals of Maryland · Aug 29, 2019

This Court has previously indicated that “[w]hether the elements of laches have been established is [a question of] fact . . . while . . . whether in view of the established facts, laches should be invoked, is a question … The General Assembly has clearly left some limited aspects of electoral governance to non-principal political parties themselves by deferring to the constitutions or bylaws of non-principal political parties to establish

Town of Bel Air v. Bodt

487 Md. 354 · Court of Appeals of Maryland · Jul 9, 2024

Mgmt., Co., 293 Md. 394, 396 (1982) (noting that “[i]t is well established under our decisions that a municipal corporation has but limited authority”); Birge v. … The language in the Charter clearly specifies that the right of referendum applies to an ordinance in its entirety, and not to part of one.

United Railways & Electic Co. v. Seymour

92 Md. 425 · Court of Appeals of Maryland · Jan 17, 1901

Preston, a medical expert produced by the appellant, was asked for his opinion upon the hypothetical cases based upon facts assumed to be established by other testimony. … There was clearly no error here.- Dr.