Case law

Hutton v. State

339 Md. 480 · Court of Appeals of Maryland · Aug 28, 1995

Nor does it exist when the occurrence of the precipitating traumatic event has been conceded, has not been challenged, or has been established. … Davis’s testimony was to like effect, except that its focus was more clearly related to PTSD.

Evans v. McCoy

291 Md. 562 · Court of Appeals of Maryland · Oct 23, 1981

It clearly satisfies the test laid down in Mobile, J. & K.C.R.R. v. Turnipseed, 219 U.S. 35, 43 , 31 S. Ct. 136, 138 , 55 L. … The trial court dismissed SHA on grounds of sovereign immunity but overruled motions of the state officials asserting that defense. None of these rulings is challenged on this appeal.

Merryman v. Bremmer

250 Md. 1 · Court of Appeals of Maryland · May 10, 1968

The Chancellor resolved the conflicts in the testimony in favor of Bremmer and it is apparent that we should not hold that his findings were clearly erroneous. Maryland Rule 885 a. … The procedure was well established and effective.

Decker v. Fahrenholtz

107 Md. 515 · Court of Appeals of Maryland · Mar 5, 1908

The appellant in his brief and in his argument does’not áttempt to dispute the numerous cases in which the rule has been established that where a caveat to a will is filed before probate of the will, the Orphans’ Court has … The person named as executor cannot be disregarded by the Court unless he is for some reason disqualified to act, and *521 the authority of the Court is limited to qualifying the executor and issuing letters testamentary.

Wagonheim v. Maryland State Board of Censors

255 Md. 297 · Court of Appeals of Maryland · Oct 22, 1969

The question for decision is whether, going farther in this di *303 rection than any previous production, the film exceeds the limits established by the courts.” Id. at 198. … Maryland State Board of Censors, 245 Md. 319 , 226 A. 2d 317 (1967), and set forth above, we find the film qualifies as obscene under all three categories.

In Re Roberto D.B.

399 Md. 267 · Court of Appeals of Maryland · May 16, 2007

The paternity statute, clearly, did not contemplate the many potential legal issues arising from these new technologies, issues that will continue to arise unless the laws are rewritten or construed in light of these new … After noting that the proper standard, as established in Lassiter-Geers v.

Grandison v. State

341 Md. 175 · Court of Appeals of Maryland · Dec 27, 1995

The other information contained in the PSI was so clearly irrelevant as to that issue that the jury could not have used it in its determination; therefore, any error in failing to instruct the jury on its relevance was clearly … Grandison clearly understood the law in this area.

Dyer v. Otis Warren Real Estate Co.

371 Md. 576 · Court of Appeals of Maryland · Nov 8, 2002

Clearly, this would lead to an illogical result. … required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental immunity

Patterson Park Public Charter School, Inc. v. Baltimore Teachers Union

399 Md. 174 · Court of Appeals of Maryland · May 11, 2007

It allows the Operator to hire non-traditional, but highly qualified, candidates. … Clearly, therefore, when a defining element or requirement of public charter schools was subject to waiver, Section 9-102 so stated.

Kaylor v. State

285 Md. 66 · Court of Appeals of Maryland · Apr 26, 1979

State, 198 Md. 602 , 84 A. 2d 899 (1951) is clearly distinguishable from the present case on its facts. … Probation should not be allowed to develop into a grant of immunity from punishment.

Kres v. Maryland Automobile Insurance Fund

273 Md. 289 · Court of Appeals of Maryland · Dec 4, 1974

While not as clearly stated as they might have been, the events, thus described by the two witnesses, demonstrate that Miss Kres has a “cause of action” against the operator of the phantom vehicle. … The Maryland Automobile Insurance Fund is established by and operates under the provisions of Maryland Code (1957,1972 Repl. Vol., 1974 Cum. Supp.)

Degner v. Mayor of Baltimore

74 Md. 144 · Court of Appeals of Maryland · Mar 25, 1891

A lien is said to be a qualified right, which in a given case may be exercised over the property of another. Lickbarrow vs. Mason, 6 East, 20. … This case seems to us to establish the right of the State and municipality, in a case like the one we are considering, to have their taxes paid rather than eontrarywise.

Automobile Trade Ass'n v. Insurance Commissioner

292 Md. 15 · Court of Appeals of Maryland · Nov 25, 1981

"The statute here questioned deals with a subject clearly within the scope of the police power.” Id. at 257. … This is a discernible public purpose clearly lying within reach of the State’s police power. Judgment affirmed; appellants to pay the costs. 1 .

John A. Ex Rel. A.A. v. Board of Education

400 Md. 363 · Court of Appeals of Maryland · Jul 30, 2007

Clearly, the IDEA was not meant to provide a forum for the advancement of such claims. See, e.g., Hunter v. … of procedures. (1) Any state educational agency, State agency, or local educational agency that receives assistance under this subchapter shall establish and maintain procedures in accordance with this section to ensure

Perry v. Maryland

357 Md. 37 · Court of Appeals of Maryland · Dec 10, 1999

The only direct testimonial evidence of contact between Horn and Perry came from Thomas Turner, a resident of Detroit, who was Horn’s cousin and Perry’s friend and who testified under a grant of immunity. 2 In the spring … The finding of inadvertence is a finding of fact, which, if before us, we would review under the clearly erroneous standard.

Harris v. Board of Education

375 Md. 21 · Court of Appeals of Maryland · Jun 6, 2003

The appellate court stated: “Clearly, there was sufficient evidence to allow appellee’s case to proceed to the jury. … Applying this principle to the present case clearly mandates coverage.

B.N. v. K.K

312 Md. 135 · Court of Appeals of Maryland · Mar 29, 1988

These allegations suffice, if established, to support the first element of the tort. Even if Dr. … N. without disclosing his condition would be highly likely to produce severe harm to a readily and clearly identifiable person. Furr v.

Levitas v. Christian

454 Md. 233 · Court of Appeals of Maryland · Jul 11, 2017

This Court later clarified that in order to establish the first “source” link in the chain, “the plaintiff must tender facts admissible in evidence that, if believed, establish two separate inferences: (1) that the property … Furthermore, the Majority’s holding will encourage trial courts to place the “imprimatur of court-endorsed expert status” on expert opinions that do not clearly establish that the defendant’s property was, more likely than

State v. Jones

284 Md. 232 · Court of Appeals of Maryland · Jan 4, 1979

Judge Digges, writing for the Court, first ruled that the evidence that a blue car was seen in front of two residences where break-ins occurred was “clearly inadequate to show any kind of systematic scheme or plan sufficient … Nor does the fact that the offenses were committed by the same persons qualify them to be admitted under the exception. See Atnip v. State, 564 P. 2d 660 (Okla.

Denison v. Denison

35 Md. 361 · Court of Appeals of Maryland · Mar 15, 1872

It moreover provided that no person within the State should marry without first obtaining a license, to be directed to a minister or other person qualified by law to celebrate marriage in the State; or, until after banns … The appellee is objected to as an incompetent witness, and without her testimony, the evidence is insufficient to prove clearly the alleged marriage.