Case law

Robinette v. Hunsecker

439 Md. 243 · Court of Appeals of Maryland · Jul 18, 2014

Such a court order is called a “qualified domestic relations order” or “QDRO” in ERISA lingo. See 29 U.S.C. §1056(d)(3); 26 U.S.C. §414(p). … That may be to Wife’s advantage in the current litigation, but it does not give a sensible meaning to the Agreement, or to paragraph 8 in particular, which clearly accords Ex-Wife a 50 percent “equitable interest” in Husband

Goodwich v. Nolan

343 Md. 130 · Court of Appeals of Maryland · Aug 5, 1996

She thus argues that, rather than to shield the subject(s) of peer review discussions, Maryland’s peer review statute, like that of many other states, was designed to provide immunity from liability for those person who give … Although an HCAO arbitration panel is not “an administrative agency in the traditional sense[,]” Johnson, supra, 282 Md. at 285 , 385 A.2d at 63 , it clearly operates in a quasi-judicial capacity such that we find administrative

Lee v. Secretary of State & Mahoney

251 Md. 134 · Court of Appeals of Maryland · Oct 11, 1968

In our view Judge Proctor clearly reached the correct result for the right reasons. … No rule is better established than that a claimant must exhaust the statutory remedy the legislature has provided for the wrong of which he complains.

Smith v. State

394 Md. 184 · Court of Appeals of Maryland · Aug 3, 2006

[DEFENSE COUNSEL]: If he is evaluating him, he should be qualified as an expert in his capacity of an attorney. [THE COURT]: No. (Emphasis added). … Thus, for the defendant to prevail on a claim for ineffective assistance of counsel, he or she must also establish prejudice.

State Tax Commission v. Whitehall Foundation, Inc.

214 Md. 316 · Court of Appeals of Maryland · Sep 3, 2001

It is exempt from Federal and Maryland income taxes and is qualified to receive non-taxable gifts. … Since in my opinion, a sound foundation has been established, it would be most unfortunate if further work is not done.

State Department of Health v. Walker

238 Md. 512 · Court of Appeals of Maryland · May 4, 1965

As the moving party, appellee sought to establish by his own expertise and that of the two Department employees, Dr. … This ruling of the lower court, in my opinion, was clearly erroneous, an abuse of its discretion, and highly prejudicial to the State.

Jones v. State

343 Md. 448 · Court of Appeals of Maryland · Sep 12, 1996

So viewed, there are two interpretations of the trial court’s decision that establish that it is not clearly erroneous or founded on a faulty premise. … In short, what the State points to simply does not establish the point for which it is offered.

Richmond v. State

326 Md. 257 · Court of Appeals of Maryland · Apr 13, 1992

Generally, a structure which qualifies as a dwelling house for the purpose of burglary also qualifies as a dwelling house for the purpose of arson. 3 C. Torcía, Wharton's *266 Criminal Law, § 350 (14th ed. 1980). … The language of the statute clearly reflects the legislative intention that the unit of prosecution be each dwelling house burned.

Burris v. State

435 Md. 370 · Court of Appeals of Maryland · Oct 23, 2013

Sergeant Workley was then qualified as an expert “in the field of gangs, gang membership, gang insignia, gang ranking, [and] gang identification.” … The Court responded, "I think you're objecting to his being called and qualified as an expert is sufficient to preserve the issue....

Julian v. Christopher

320 Md. 1 · Court of Appeals of Maryland · Jun 29, 1990

If the parties intend to limit the right to assign or sublease by giving the landlord the arbitrary right to refuse to consent, they may do so by a freely negotiated provision of the lease clearly spelling out this intent … He may establish that it would be unfair to do so by establishing that when executing the lease he was aware of and relied on the Klawans interpretation of the “silent consent” clause.

Hammond v. Hammond

55 Md. 575 · Court of Appeals of Maryland · Mar 16, 1881

The appellants filed their hill of complaint in the Circuit Court of Baltimore City against the appellees, for the purpose of ascertaining and establishing the true, construction of the will of William B. … about the 23rd day of May, 1877, leaving a last will, which has been duly admitted to probate in the Orphans’ Court of Baltimore City, and Charles Lewis Hammond, (one of the appellees,) executor named therein, has duly qualified

Towson University v. Conte

384 Md. 68 · Court of Appeals of Maryland · Nov 17, 2004

Therefore, the suit would be barred by governmental immunity. … Therefore, the suit was barred by governmental immunity.

People's Counsel v. Public Service Commission

259 Md. 409 · Court of Appeals of Maryland · Oct 30, 1970

The Commission is by its very nature and by its particular relationship to the legislation in question especially qualified to aid the Courts in the discovery of the legislative intent. … is clearly on the Company.

Slack v. Truitt

368 Md. 2 · Court of Appeals of Maryland · Feb 12, 2002

The court began its analysis with a restatement of the “well established [rule] that a regular and complete attestation clause makes out a prima facie case of due execution of the will.” Id. … Id. at 453. *16 The reasoning behind these cases is that if subscribing witnesses were required to recollect all the formalities prescribed by statutory requirements, few wills would be immune to attack, particularly after

Livingston v. Safe Deposit & Trust Co.

157 Md. 492 · Court of Appeals of Maryland · May 24, 1929

, by filing his approved bond therein, qualified in that court as trustee of that estate. … In respect to the second proposition it has been said: “Except, as altered by the statute 1 Viet., ch. 26, secs. 32 and 33, no rule respecting testamentary dispositions is more clearly established, than that by the death

Ewell v. State

207 Md. 288 · Court of Appeals of Maryland · May 17, 1955

The Court continued: “And in our opinion the principles so stated are not only established by our decisions, but are entirely consonant with reason and the best considered authority elsewhere.” … That obligation cannot be so qualified.

State Tax Commission v. Gales

222 Md. 543 · Court of Appeals of Maryland · Jun 13, 1960

Morgan, 69 Md. 460, 470-471 , 16 A. 287 (“qualified exemption”); Sindall v. City of Baltimore, 93 Md. 526, 529-530, 534 , 49 A. 645 (1901); United Railways & Electric Co. v. … We were there dealing with a differentiation which we thought clearly permissible under Article 15—that, between real property and personal property.

Reynolds v. State

141 Md. 637 · Court of Appeals of Maryland · Nov 17, 1922

Chapter 30 of the Acts of 1916 was an act to enable the registered and qualified voters of the City of Baltimore, five counties, including Washington County, >and portions of several others, “each as a separate political … The language taken from the Act of 1916 and used in this indictment — “did unlawfully sell, dispense and otherwise dispose of” — clearly related to sales, and such uses as related directly to sales, not to gifts, or anything

Minor v. Shifflett

252 Md. 158 · Court of Appeals of Maryland · Feb 14, 1969

At this point the difference between what I conceive to be the proper constitutional doctrine which ought to be applied and the Maryland “change-mistake” rule becomes clearly apparent. … A similar assumption is made in the decisions upon the Fourteenth Amendment. * * * When this seemingly absolute protection is found to be qualified by the police power, the natural tendency of human nature is to extend the

Eldridge v. State

329 Md. 307 · Court of Appeals of Maryland · Feb 10, 1993

In addition, once you were in the premises, it’s at that time that you pulled that weapon out and put it to the head of the victim and clearly established an intent to injure that victim. … The evidence clearly established that the charges here arose from one incident and that only one weapon was involved.