Case law

Simmons v. State

333 Md. 547 · Court of Appeals of Maryland · Jan 28, 1994

by the proponent to qualify a statement as a declaration against penal interest. … Coley’s statement was clearly not spontaneous.

Graham v. Whitridge

99 Md. 248 · Court of Appeals of Maryland · Mar 23, 1904

In execution of that restricted, qualified power of appointment, Mrs. … Ward, and is, for that reason, clearly distinguishable from Albert v. Albert, 68 Md. 372 .

Thomas v. State

301 Md. 294 · Court of Appeals of Maryland · Oct 31, 1984

Clearly, there was no abuse of discretion in this case. … But the evidence appellant sought to offer clearly was without relevance. Evidence concerning Ms.

West v. Fidelity-Baltimore National Bank

219 Md. 258 · Court of Appeals of Maryland · Jan 26, 1959

The suggestion that the attending nurses, particularly the psychiatric nurse, were qualified to express an opinion under the rule which permits attending physicians to express an opinion without establishing a basis for it … Indeed, counsel for the caveator admitted in the trial court that due execution of the will had been established.

State v. Smith

Court of Appeals of Maryland · Aug 13, 2024

App. 283, 314 (2023) (“It is well-established in our jurisprudence that hearsay will be excluded, unless the proponent demonstrates its probable trustworthiness by establishing that a recognized exception to the rule against … Continuing objections only apply to matters “clearly” within their scope. Md. Rule 4-323(b).

Shannahan v. Ringgold

212 Md. 481 · Court of Appeals of Maryland · Mar 8, 1957

This was affirmed on appeal, in the absence of a cross-appeal, but it was clearly stated that the Board had no authority to extend the non-conforming use as requested. … It was held that the qualifying clause was inapplicable.

Bernadyn v. State

390 Md. 1 · Court of Appeals of Maryland · Dec 8, 2005

Collins was not qualified to testify about the reliability of the medical bills because he knew nothing about the billing practices of the hospital. … Because, in my view, the statement was clearly admissible for a non-hearsay purpose, the objection to it was properly overruled.

Washington Suburban Sanitary Commission v. Nash

284 Md. 376 · Court of Appeals of Maryland · Jan 22, 1979

of the sovereign power of eminent domain and their implementation as evidenced by the appropriate provisions of the Maryland Code, the Prince George’s County Code, the WSSD Code and the Maryland Rules of Procedure, have established … It may acquire land and interest therein through the exercise of that power only for certain specific purposes under meticulously detailed procedures upon meeting clearly designated conditions.

Wolfe v. Turner

267 Md. 646 · Court of Appeals of Maryland · Feb 8, 1973

The granting of Turner’s motion to dismiss was clearly erroneous, and the order of 1 March will be vacated. … Clearly, Turner was entitled to act within reason to insulate himself from the possibility of personal liability.

Ritchmount Partnership v. Board of Supervisors of Elections

283 Md. 48 · Court of Appeals of Maryland · Jun 26, 1978

There are, however, certain powers implicit in Article XI-A which do not qualify as legislative powers and which do not require implementing legislation to render them operative. … As such, referendum by petition is quite clearly a power affecting the form or structure of local government and therefore belongs to that class of powers vested directly in the people of the several counties by Article XI-A

Attorney Grievance v. Kaufman

466 Md. 404 · Court of Appeals of Maryland · Nov 22, 2019

shall specify so much of it as is true and deny or qualify the remainder. … As a result, we adopt the Hearing Judge’s proposed findings of fact as conclusively established.

Marchant v. Hughlett

118 Md. 229 · Court of Appeals of Maryland · May 10, 1912

It was clearly not intended that the note should be renewable indefinitely without regard to a breach of the warranty to which it was collateral; and it was made expressly optional with the plaintiff as to whether a reduction … While the agreement under which the note was given qualifies the absolute liability which the note indicates, yet the suit was brought and recovery was had upon the theory that the condition under which the note was to be

Pizza di Joey v. Mayor & City Cncl. of Balt.

470 Md. 308 · Court of Appeals of Maryland · Aug 17, 2020

They established at trial that they were directly affected by the 300-foot rule. … The Food Trucks point to no evidence in the record that contradicts this finding, and the circuit court did not clearly err in reaching this conclusion.

Barbour v. Mitchell

40 Md. 151 · Court of Appeals of Maryland · May 8, 1874

We quote from their synopsis, “The principle of election, is recognized and established in this country, almost exactly as in England. … Schley, as establishing the true doctrine as to the obligation of election arising under a will duly executed to pass real estate, in opposition to cases in other States.

J. I. Hass Co. v. Department of Licensing & Regulation

275 Md. 321 · Court of Appeals of Maryland · Jun 26, 1975

On the other hand, Congress quite clearly did not intend the general duty clause to impose strict liability: The duty was to be an achievable one. … While close supervision may be required in some cases to avoid accidents, it is unrealistic to expect an experienced and well-qualified laboratory technician to be under constant scrutiny.

Rawlings v. Rawlings

362 Md. 535 · Court of Appeals of Maryland · Feb 5, 2001

[RESPONDENT’S ATTORNEY]: Clearly he can work. I think there’s no question that he has the ability to work. THE COURT: Let me ask you this. … In Lynch , we noted that "[pjroof of inability to comply, however, does not guarantee immunity from imprisonment."

Langley v. State

421 Md. 560 · Court of Appeals of Maryland · Sep 19, 2011

A correct analysis of all the criteria shows that the caller’s statements in this case were clearly testimonial and should not have been admitted into evidence without allowing the defense to cross-examine the caller. … Regardless of the precise articulation, some statements qualify under any definition—for example, ex parte testimony at a preliminary hearing.”

Belcher v. T. Rowe Price Foundation, Inc.

329 Md. 709 · Court of Appeals of Maryland · Mar 25, 1993

So the only question remaining is whether Belcher suffered sufficient psychological reaction from the alleged injury to qualify for compensation. … The evidence established, however, that the nervous shock sustained by her attempt to enter the boiler caused her to blackout which the Court of Special Appeals ruled as "a physiological injury ... sufficient to qualify as

Mayor of Baltimore v. Employers' Ass'n of Maryland, Inc.

162 Md. 124 · Court of Appeals of Maryland · Mar 3, 1932

The city, however, goes further, and assumes the power which it contends is implied from the statute, and undertakes to establish a scale of wages to be incorporated in every contract for public work, as though this would … We do- not understand that being engaged in the contracting business as such and that they may be prospective bidders on public contracts qualifies contractors to maintain a suit against the city.

Chase v. Lockerman

11 G. & J. 185 · Court of Appeals of Maryland · Dec 15, 1840

In this qualified sense, the resolution in question, and the case of Long vs. Short, probably may be reconciled; hut the point cannot be considered free from doubt. … The principle established by, Lord Chancellor Cowper, in the case of Long vs.