Case law

Brent v. State of Maryland Central Collection Unit

311 Md. 626 · Court of Appeals of Maryland · Feb 11, 1988

A rate was established to cover those costs. The income from her trust was sufficient to *628 pay for Laura’s maintenance at the rate established and the State was paid therefrom. … A majority of the Court found that the clause clearly expressed the intention of the testator to give the income of the property to the son to the exclusion of the son’s creditors.

Oken v. State

343 Md. 256 · Court of Appeals of Maryland · Jun 13, 1996

The post-conviction court found that the trial court sufficiently life-qualified the jury. We agree. … We find that the voir dire asked by the trial court in this case was adequate to “life qualify” the venire.

Brown, Bottini & Wilson v. State

470 Md. 503 · Court of Appeals of Maryland · Aug 24, 2020

In other words, a rule may be superseded or qualified by subsequently enacted legislation, as well as by later enacted rules.26 See James v. Butler, 378 Md. 683, 692-93 (2003); D. … in such a case did not qualify for a sentencing reduction.

Clinton Volunteer Fire Department, Inc. v. Board of County Commissioners

259 Md. 456 · Court of Appeals of Maryland · Nov 30, 1970

Schultz and Gover, or of other employees of the Fire Protection Department, I could not have approved them or certified them for payroll purposes since such changes would clearly not *466 conform to the provisions of the … This letter also established that the Merit Board had not established the positions of Captain or Lieutenant in the Fire Protection Department, had not set salary scales or standards for those positions, and Schultz and Gover

Baltimore Car Wheel Co. v. Clark

131 Md. 513 · Court of Appeals of Maryland · Dec 12, 1917

There is evidence in the record tending to establish the following facts which relate to the question we are now considering. … He did, however, answer the first question, so far as he was qualified to answer, by saying that he did not acquaint Mr. Long! with the Clark offer. In Turner v.

Rochkind v. Stevenson

454 Md. 277 · Court of Appeals of Maryland · Jul 11, 2017

To demonstrate a sufficient factual basis, an expert must establish that her testimony is supported by both subfactors. … Clearly, general attention deficits and ADHD are not one and the same.

Pendleton v. State

398 Md. 447 · Court of Appeals of Maryland · Apr 13, 2007

The legislative policy of preventing future harm to children already reported to have been abused is so abundantly clear as to be beyond cavil, and, given the statutory man *470 date to act and the general waiver of tort immunity … This Court held that a special relationship had not been established in that case.

Atkins v. State

421 Md. 434 · Court of Appeals of Maryland · Aug 18, 2011

Detective Parzych: I’m not qualified to answer if there are skin cells on there. Defense Counsel: Okay. All right. … On appeal, the defendant argued that the instruction “relieved the State, in the minds of the jurors, of the burden to establish guilt beyond a reasonable doubt.” Evans, 174 Md. App. at 562 , 922 A.2d at 627 .

Harrod v. State

423 Md. 24 · Court of Appeals of Maryland · Oct 27, 2011

In the case before us, as the party to benefit, the State clearly bears the burden of producing proof of compliance prior to retrial, which it has failed to shoulder. … The State, clearly, recognized the importance of the chemist’s report in its closing when the State’s Attorney argued: This is my favorite because it’s the easiest. We know it’s crack; we know it’s cocaine.

Pete v. State

384 Md. 47 · Court of Appeals of Maryland · Dec 6, 2004

restitution by itself was insufficient to allow the victims to attach the defendant’s insurance proceeds based on civil liability for the accident, we explained, “[a]n order of restitution entered under § 807 [currently § 11-603] establishes … The General Assembly has required a direct result between the qualifying crime committed and the damages inflicted before restitution may be ordered.

In Re RW Heilig

372 Md. 692 · Court of Appeals of Maryland · Feb 11, 2003

Indeed, any other conclusion would raise serious Constitutional issues under the Equal Protection and Privileges and Immunities Clause of the 14th Amendment to the United States Constitution. … None of what we have recounted is evidence in this case and therefore does not establish, by itself, petitioner’s entitlement to the order he seeks. This is, clearly, an evolving area.

Webb v. Webb

92 Md. 101 · Court of Appeals of Maryland · Dec 7, 1900

The wills of both were admitted to probate and the appellants qualified as executors of each will. … After testimony had been taken establishing the facts of the case, an order of Court was passed by consent on June 23, 1899, describing the appellants as trustees, having in charge the legacies devised to the infant appellees

Rivera v. State

409 Md. 176 · Court of Appeals of Maryland · Jun 10, 2009

Rivera’s motion for coram nobis relief on the basis that the record established that Mr. … Rivera “immunity or insulation from deportation or immigration consequences in connection with his guilty plea.”

Maryland State Board of Elections v. Libertarian Party

426 Md. 488 · Court of Appeals of Maryland · May 21, 2012

(ii) Signatures on the petition must have been affixed to the petition not more than 2 years before the filing date of the last qualifying signature. … (b) State Board to establish process. — The State Board, by regulation, shall establish the process to be followed by all election authorities for verifying and counting signatures on petitions.

Attorney Grievance Commission v. Kendrick

403 Md. 489 · Court of Appeals of Maryland · Mar 11, 2008

The record clearly supports the hearing judge’s conclusion. The record shows that Judith Nina Kerr died on February 27, 1999. … The record, however, clearly establishes that Respondent did not transfer to the Successor Personal Representative the CareFirst BCBS check.

Johnson v. State

467 Md. 362 · Court of Appeals of Maryland · Feb 28, 2020

The General Assembly clearly established the maximum term of imprisonment for felony possession of a Schedule I narcotic drug when Article 27, § 286 was originally enacted in 1970: “[a]ny person who violates [Article 27 … In sum, the General Assembly clearly established the maximum term of imprisonment for felony possession of a Schedule I narcotic drug when Article 27, § 286 was originally enacted in 1970: “[a]ny person who violates [Article

State v. Sanmartin Prado

448 Md. 664 · Court of Appeals of Maryland · Jul 11, 2016

Relevant here, the Court of Special Appeals held that “trial counsel qualified his statements to Sanmartin Prado as to whether a conviction would render him deportable[,]” and that, accordingly, “Sanmartin Prado established … under that immigration statute, not that he clearly would be deported.”

Veditz v. Athey

239 Md. 435 · Court of Appeals of Maryland · Jul 13, 1965

These Executors duly qualified. The First Codicil contained a number of bequests of articles of furniture to various legatees, including Marie. … Such a holding would be contrary to the established principles of testamentary construction, under which testators are taken as meaning what they clearly say.

White v. Pines Community Improvement Ass'n

403 Md. 13 · Court of Appeals of Maryland · Jan 10, 2008

The deed created by the Turners that *33 conveyed The Pines to the company of which Leon[id]as was the president, and the plats accompanying that conveyance, clearly establish a waterfront community. … The trial court found that Pier 14B can hardly qualify as a pier because it was dismantled in the late 1970’s.

Lloyd v. General Motors Corp.

397 Md. 108 · Court of Appeals of Maryland · Feb 8, 2007

[that did not] meet the threshold of establishing a clear danger of death or personal injury.” … Under this reasoning, therefore, economic losses qualify as a cognizable injury under negligent misrepresentation. 10 *138 iv.