Case law

Maryland-National Capital Park & Planning Commission v. Smith

333 Md. 3 · Court of Appeals of Maryland · Dec 8, 1993

Alternatively, we considered whether the Commission might qualify under the analysis at issue here: by showing that it was “ ‘aggrieved by the decision of the Board [of Appeals] and a party to the proceeding before it[.]’ … administrative agencies is intentionally designed to be informal so as to encourage citizen participation, we think that absent a reasonable agency or other regulation providing for a more formal method of becoming a party, anyone clearly

Zantzinger v. Manning

123 Md. 169 · Court of Appeals of Maryland · Mar 19, 1914

The petition filed in the Court below by the appellee alleges that he had been a duly qualified teacher of the public schools of Prince George’s County for thirty years; that he *171 held, a life certificate from the State … In the case at bar the dispute is “between functionaries of the department of public education”; the question to be determined is “which of two persons shall be recognized as a teacher of a school,” and the issue is clearly

Board of Supervisors of Elections v. Attorney General

246 Md. 417 · Court of Appeals of Maryland · Apr 14, 1967

Baker, 23 Md. 531, 619 ), and therefore is the fundamental, extraordinary act by which the pepole establish the structure and mechanism of their government. … Whether this action is dependent upon the subsequent ratification of the people or not, is not clearly established; but when ratified and adopted, or acquiesced in, their acts are unquestionably within the limits prescribed

Meade v. Shangri-La Partnership

424 Md. 476 · Court of Appeals of Maryland · Jan 26, 2012

issued a writ of certiorari in the case to consider whether discrimination because of a “handicap,” within the meaning of the Maryland statutory provisions, should be construed “strictly to create a demanding standard for qualifying … Nonetheless, the evidence in this case clearly supports the jury’s conclusion that Meade’s latex allergy was a handicap which damaged, weakened, or diminished her ability to interact with her son at school, as well as her

Attorney Griev. Comm'n of Maryland v. Protokowicz

326 Md. 714 · Court of Appeals of Maryland · Jun 9, 1992

The maximum penalty for the commission of this crime is imprisonment for a term of not more than three years; thus, the offense qualifies as a serious offense under Rule BV16. … The majority has clearly departed from the interpretation and application of Rule BV16 which had been adhered to in our prior opinions and orders.

Edwards v. State

198 Md. 132 · Court of Appeals of Maryland · Jun 15, 1951

Testimony to identify the weapon from which a shot was fired is admissible where it is shown that the witness offering such testimony is qualified by training and experience to give expert opinion on firearms-and ammunition … The principal witnesses against him were three co-conspirators, who had been promised immunity in return for their testimony.

Mills v. State

310 Md. 33 · Court of Appeals of Maryland · Jun 25, 1987

Accordingly, the present contention of error in the admission of the State’s Exhibit 9, showing the face and chest of the victim, was clearly waived. See Rule 4-322. … United States, 333 U.S. 740, 746-749 , 68 S.Ct. 880 , 92 L.Ed. 1055 (1948), a statute provided that the jury in a murder case could qualify its verdict by adding “without capital punishment,” that if the jury so qualified

Hardy v. Hardy

79 Md. 9 · Court of Appeals of Maryland · Mar 13, 1894

We then have the admission of the contesting defendant that, in 1863, the intestate did owe the appellant for services and paid him the sum of $1000 therefor; if it he true, and we *14 think the testimony clearly establishes … The charge of thirty dollars for money loaned is also clearly established. But from a careful consideration of all the proof, we do not think the appellant ought to he allowed interest.

In Re Maurice M.

314 Md. 391 · Court of Appeals of Maryland · Dec 19, 1988

in the hands of the client and retained that immunity in the hands of the attorney. … It is difficult to establish and cannot be inferred from a silent record. Barker v. Wingo, 407 U.S. 514, 525-26 , 92 S.Ct. 2182, 2189-90 , 33 L.Ed.2d 101 (1972).

Dart Drug Corp. v. Hechinger Co.

272 Md. 15 · Court of Appeals of Maryland · Jun 3, 1974

to conduct business for labor or profit in the usual manner and location or to operate its establishment in any manner for the general public. … This was clearly consonant with the Maryland Rules. Rule 320 a 4 provides: “4. Defects Disregarded.

Hornbeck v. Somerset County Board of Education

295 Md. 597 · Court of Appeals of Maryland · Apr 5, 1983

This funding scheme clearly was designed *666 to assure the free education of the poor in rural areas. … However, § 1 of Article VIII establishes a clear mandate to the "General Assembly to establish [a] system of free public schools”: "The General Assembly, at its First Session after the adoption of this Constitution, shall

Attorney General v. Johnson

282 Md. 274 · Court of Appeals of Maryland · Oct 2, 1978

Such a statute is presumed to be valid and one attacking its validity has the burden of affirmatively and clearly establishing its invalidity; every intendment is in favor of the validity of the statute where there is a substantial … The law is clearly contrary to the appellees’ contention.

Brooks v. State

439 Md. 698 · Court of Appeals of Maryland · Aug 27, 2014

The State called a social worker, who was qualified as an “expert in the field of child sexual abuse.” 312 Md. at 271 , 539 A.2d 657 . … In Nurse Harden’s testimony, the use of the word “would” qualifies the verb "verify” with an unstated condition.

Motor Vehicle Administration v. Sanner

434 Md. 20 · Court of Appeals of Maryland · Aug 22, 2013

That specimen was tested at the MSP Forensics Science Division by a qualified analyst, with the result that Mr. Sanner’s blood alcohol content was found to be 0.22 — more than two-and-a-half times the legal limit. … What I’ve written here is you’ve made the reasonable grounds argument that there was no reasonable grounds to establish that Mr.

In re 2012 Legislative Districting of the State

436 Md. 121 · Court of Appeals of Maryland · Dec 10, 2013

That could only be accomplished by establishing a multi-county district. … Walker, 238 Md. 512, 520 , 209 A.2d 555 (1965)) (“[N]o matter how highly qualified the expert may be in his field, his opinion has no probative force unless a sufficient factual basis to support a rational conclusion is shown

Chesapeake Bay Found. v. CREG Westport I

481 Md. 325 · Court of Appeals of Maryland · Aug 26, 2022

A forest stand delineation and forest conservation plan must be prepared by a Maryland licensed forester, a Maryland licensed landscape architect, or other qualified professional.8 On a property with significant … Following approval of the forest stand delineation, the applicant must arrange for a qualified professional to prepare a proposed forest conservation plan. NR § 5-1605(b).

MacK v. MacK

329 Md. 188 · Court of Appeals of Maryland · Feb 2, 1993

establish the patient's choice about terminating life support. … Even absent legislative guidance I believe the courts have a responsibility, which they should not abdicate, to establish a procedure whereby incompetent patients, who have failed to or have never been able to clearly and

Noel Construction Co. v. Armored Concrete Construction Co.

120 Md. 237 · Court of Appeals of Maryland · Apr 8, 1913

The engineer told him that a man had been killed on the track and to that there was no objection, but the Court, through JUDGE IRVING, said that the statement above mentioned was "so clearly obnoxious *Page 245 to the objection … Ency. of Law 691-698: "After the fact of agency is established by other evidence, it is a well settled rule that the declarations of an agent, made while acting within the scope of his authority, and during the continuance

Chesson v. Montgomery Mutual Insurance

434 Md. 346 · Court of Appeals of Maryland · Sep 24, 2013

Through blood testing, he would test for: the presence of one of “fifty-four kinds of immune responses genotype, called HLA,” a “reduction of an inflammation preventing hormone called ... … Hung Cheung, who was qualified as an expert in internal medicine, occupational medicine, environmental medicine, toxicology, and indoor air quality. Dr. Cheung testified that Dr.

Turner v. Rusk

53 Md. 65 · Court of Appeals of Maryland · Feb 6, 1880

The condition of insanity at this period, prior to the deed, being thus clearly established, it is a question more interesting than important, whether the insanity was of such a character as to bring into operation the maxim … But it clearly shows he was not the man he had formerly been, and that they so thought at that time.