Case law

Cabin John Ltd. Partnership v. Montgomery County Council

259 Md. 661 · Court of Appeals of Maryland · Nov 18, 1970

The-first two deal with whether Cabin John established an error in the original zoning or a change of conditions. … We conclude that the Council was not arbitrary and capricious in its decision that change in the character of the neighborhood was not clearly established.

Lodowski v. State

302 Md. 691 · Court of Appeals of Maryland · Mar 24, 1986

This has long been established. … The cases, however, which establish that the sentencing judge may consider information, even though it was obtained outside the courtroom without regard to the strict rules of evidence, indicate clearly that there was no

Hays v. Philadelphia, Wilmington & Baltimore Railroad

99 Md. 413 · Court of Appeals of Maryland · Jun 8, 1904

Can these special sittings be parts of the “sittings of the term” as contemplated by the Court which prepared and established the rule? … Engle, 53 Md. 179 , in speaking of the power of the Court to correct on error of the clerk in making entries affecting the execution of a judgment, it was said, “It is clearly one of those common law powers incident to all

Arundel Corp. v. Marie

383 Md. 489 · Court of Appeals of Maryland · Nov 9, 2004

The 1960 Maryland statute was clearly patterned on, and, indeed, was identical to, the then-existing Massachusetts version. … Arundel argues that, like common law interspousal tort immunity, which the Court recently abrogated in Bozman v.

Crown Oil and Wax Co. of Delaware, Inc. v. Glen Construction Co. of Virginia, Inc.

320 Md. 546 · Court of Appeals of Maryland · Sep 11, 1990

First, where the language of the *560 arbitration clause is clear, and the dispute in question falls clearly within the provision. … rested on analogy to immunity of President of the United States); Bachmann v.

Graves v. State

334 Md. 30 · Court of Appeals of Maryland · Mar 9, 1994

The fact that the defendant was a heroin dealer was the very object that the prosecution ■ had undertaken to establish. … Therefore, if the statement was offered for the purpose of proving the truth of the matter asserted by Trusty, it was clearly inadmissible hearsay.

Weaver v. Prince George's County

281 Md. 349 · Court of Appeals of Maryland · Nov 3, 1977

There is clearly no parallel here. The tenants have not been coerced into residing in the multifamily rental units; they do so voluntarily. … The need for the military to develop a competitive compensation program was made even more pressing as a result of the government’s decision to establish an all-volunteer force.

McDonald v. State

45 Md. 90 · Court of Appeals of Maryland · Jun 16, 1876

It appears to us the Court in that case clearly decided they *95 liad no power to remand the record, and that their only power to modify the sentence was derived from the statute. … If this Court sanctioned such a rule it would fail to perform the chief duty for which it was established. Our duty is to correct errors, and to minister justice.

State v. Smith

374 Md. 527 · Court of Appeals of Maryland · May 9, 2003

“Although a different trier of fact may have viewed the evidence as establishing second degree murder instead of first degree murder, the trial court’s decision was not clearly erroneous. … The cases that hold that intent in murder cases can be established by inference support our holding that knowledge can be established in the same manner.

Mosley v. State

378 Md. 548 · Court of Appeals of Maryland · Nov 26, 2003

The Supreme Court established in Strickland v. … We note, however, that it is well-established that an appellate court is not a trier of fact. Harris III, 303 Md. at 698 , 496 A.2d at 1080 .

Murphy v. Yates

276 Md. 475 · Court of Appeals of Maryland · Jan 20, 1976

TO THE EXTENT PRACTICABLE, THE STATE PROSECUTOR SHALL UTILIZE THE SERVICES AND PERSONNEL OF THE MARYLAND STATE POLICE AND OTHER ESTABLISHED STATE AND LAW ENFORCEMENT AGENCIES. … (B) THE TERMS OF THE APPOINTED MEMBERS ARE FOUR YEARS AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND QUALIFY.

Spivery-Jones v. Receivership Estate of Trans Healthcare, Inc.

438 Md. 330 · Court of Appeals of Maryland · May 19, 2014

That “fraud or imminent danger, if the intermediate possession should not be taken by the court, must be clearly proved;” and 5thly. … Sandnes was qualified to serve as a (2) The acts of the directors or those in control of the corporation are illegal, oppressive, or fraudulent.

Lopez v. Lopez

250 Md. 491 · Court of Appeals of Maryland · Jul 3, 1968

The situation clearly justified the appointment of an independent and impartial trustee. v. … Lopez, his wife”] * * * as Tenants by the Entirety.” 5 Alejo’s and Helen’s marriage was clearly invalid prior to the second ceremony in 1954.

Floyd v. CITY COUNCIL OF BALTIMORE

407 Md. 461 · Court of Appeals of Maryland · Feb 19, 2009

Clearly, the corporation, as an eligible voter, could vote only through a representative, such as Burnham. … Clearly, then, the Authority and City had the power to enact bylaw 2.09.

Powell v. Calvert County

368 Md. 400 · Court of Appeals of Maryland · Jan 10, 2002

Even if the special exception was never “declared” invalid, it was never a final valid special exception, which would qualify respondent to begin to vest rights in a zoning approval. … Riverdale, 308 Md. 556 , 520 A.2d 1319 (1987), was not a zoning or property case, it involved changes in provisions relating to immunity from tort liability. Neither involved special exceptions, variances or the like.

Nolan v. Dillon

261 Md. 516 · Court of Appeals of Maryland · Apr 14, 1971

Dillon’s injury were clearly jury questions. Dr. … The pre-trial order clearly indicated that Dr. Nolan’s case against American Home would be in negligence.

Bethlehem Steel Co. v. Variety Iron & Steel Co.

139 Md. 313 · Court of Appeals of Maryland · Jun 29, 1921

This exception is clearly and forcibly stated by Chief Judge Boyd in Bernheimer Bros. v. … The general rule as to independent contractors is thus qualified by the authorities: ‘A person or corporation on whom positive duties are imposed by law cannot avoid liability for injuries resulting from failure to' perform

Halsey v. Board of Education

273 Md. 566 · Court of Appeals of Maryland · Feb 4, 1975

Halsey was not qualified to be given a tenured position and that consequently the termination of her employment was neither arbitrary nor capricious. … Halsey's teaching performance in the classroom was arbitrary and capricious would have resulted in granting tenure to her in the face of substantial evidence that she was not qualified.

Spector v. State

289 Md. 407 · Court of Appeals of Maryland · Jan 22, 1981

I think *413 that the evidence also, in each case, establishes beyond a reasonable doubt, that Mr. … All of the circumstances here clearly permit the inference of a corrupt intent. We find sufficient evidence to sustain the convictions. viii.

Leidig v. State

475 Md. 181 · Court of Appeals of Maryland · Aug 16, 2021

Illinois would clearly justify basing our decision on Article 21 of the Declaration of Rights and not reaching the Sixth Amendment issue.” Id. … Rollo’s report is sufficiently “formal” under Justice Thomas’s concurring opinion in Williams to qualify as testimonial. The answer to that question is unclear.