Case law

Briscoe v. State

422 Md. 384 · Court of Appeals of Maryland · Oct 24, 2011

We give deference to the first-level factual findings made by the suppression court, and we accept those findings unless shown to be clearly erroneous. See, e.g., Elliott v. … routine” established by the law enforcement agency.

Bailer v. Erie Insurance Exchange

344 Md. 515 · Court of Appeals of Maryland · Jan 27, 1997

(Emphasis added). 1 The underlined qualifying language included in this coverage provision necessarily implies that some forms of personal injury and property damage are excluded from coverage. … Clearly had this been a negligent invasion of privacy, the policy would have covered such a claim made against the Bailers. However, since this was clearly an intentional act on the part of the plaintiff, Byron C.

Jones v. House of Reformation

176 Md. 43 · Court of Appeals of Maryland · Jan 12, 1939

for; that in case the applicant was not, in his judgment, fitted for the position applied for, the Commissioner would designate the classification to which the applicant would be relegated; that if the applicant failed to qualify … Considering these questions in the order of their sequence, it may be observed that the purpose of the writ of mandamus is not to establish a legal right, but to enforce one which has already been established; and it therefore

Jobar Corp. v. Rodgers Forge Community Ass'n

236 Md. 106 · Court of Appeals of Maryland · Jul 24, 1964

But, clearly, this is not the point. … Baltimore Medical Center, which is now under construction on the Sheppard Pratt tract of land which adjoins the subject property to the north, and the change in the neighborhood resulting therefrom. *124 (b) The evidence of a qualified

Polk v. State

378 Md. 1 · Court of Appeals of Maryland · Nov 12, 2003

Id. at 478 , 451 A.2d at 122 . [4] Diehl subsequently was qualified by our holding in Eanes v. … Diehl's words, we concluded, although specifically directed at the police officer, did not qualify as "fighting words" because they were spoken, not as a "personally abusive epithet hurled to invoke immediate and violent

Greco v. State

427 Md. 477 · Court of Appeals of Maryland · Jun 26, 2012

We therefore hold that the “legal standard” set forth in Hoey and Simmons does not qualify as “not previously recognized” under § 7-106(c)(2)(i) of the UPPA. … ,] clearly placet ] the burden of proof where it should be — upon the defendant attacking the conviction.”).

Kenly v. Huntingdon Building Ass'n

166 Md. 182 · Court of Appeals of Maryland · Jan 19, 1934

The receivers, who are the exceptants, testified that in their opinion the property was worth $6,000, although neither qualified as experts on value of real property. .The property was assessed for taxation at $9,500. … Ed. 696 , the court said: “Wherever the rights or the situation of the parties are clearly defined and established by law, equity has no power to change or unsettle those rights or that situation, but in all such instances

Moore v. Norouzi

371 Md. 154 · Court of Appeals of Maryland · Sep 25, 2002

Each file will contain a form developed by the contractor that will clearly state the results of the investigation of the claim and an explanation of the decision of liability/com-pensability/denial. “1. … against its employee for damages resulting from tortious acts or omissions committed by the employee within the scope of employment with the local government. "(2) A local government may not assert governmental or sovereign immunity

In the Matter of the Hon. Mary C. Reese

461 Md. 421 · Court of Appeals of Maryland · Jul 31, 2018

IV, § 4A (establishing the Commission of Judicial Disabilities); MD. CONST. art. … And, in my view, their testimony clearly would have been helpful to the Commission. See Md. R. 5-702.

Bureau of Mines v. George's Creek Coal and Land Co.

272 Md. 143 · Court of Appeals of Maryland · Jul 31, 1974

Frank Zachar, clearly shows that there is a substantial property right involved and one of considerable value in the coal underlying the land in question. … Ed. 979 (1897), that protection is qualified by the rightful exercise of the police power. The extent of that qualification has long provided a source of difficulty. In Mugler v. Kansas, 123 U. S. 623 , 8 S.

Reynolds v. State

327 Md. 494 · Court of Appeals of Maryland · Aug 24, 1992

Courts abhor, or at least find distasteful, promises of leniency or immunity made by state agents to defendants subject to the vulnerability of custodial interrogation. … There is no established link between the alleged inducement to talk with counselors at the Center and Reynolds’ decision to speak with Corporal Norman.

Baltimore Radio Show, Inc. v. State Baltimore Broadcasting Corp.

193 Md. 300 · Court of Appeals of Maryland · Jun 9, 1949

Judges are not so “angelic” as to render them immune to human influences calculated to affect the rest of mankind. … However, such evidence may have logical relevancy, particularly where it tends to establish a behavior pattern.

Waters Landing Ltd. Partnership v. Montgomery County

337 Md. 15 · Court of Appeals of Maryland · Dec 16, 1994

The privilege of using property is only one of the many incidents which make up the bundle of rights, powers, privileges and immunities, collectively regarded as property or ownership. … As we stated earlier, the Montgomery County Council clearly expressed its intention that the tax ordinance apply retroactively.

Ward Electronic Services, Inc. v. Property & Casualty Insurance Guaranty Corp.

325 Md. 1 · Court of Appeals of Maryland · Dec 11, 1991

A further condition for the bonding of Ward Inc. by EICOM was the establishment of a bank account into which all of the payments from the Government contract would be deposited. … Further, Chapter 440 added the § 505(h) definition of “resident.” *12 Clearly, the General Assembly was not in a fiscally expansive mood when it enacted Chapters 440 and 161.

Smack v. Department of Health & Mental Hygiene

378 Md. 298 · Court of Appeals of Maryland · Nov 18, 2003

Laws, ch. 347, the *307 product of the deliberations of the Governor’s Task Force to Reform the State Personnel Management System, which, by Executive Order No. 01.01.1995.15, dated June 9, 1995, was established to address … “written reprimand,” forfeiture of annual leave, suspension without pay, denial of annual pay increases, demotion, qualify as, and are, *314 disciplinary actions.

Baltimore Sun Co. v. Mayor of Baltimore

359 Md. 653 · Court of Appeals of Maryland · Jul 24, 2000

State, 294 Md. 30 , 447 A.2d 1264 (1982), this Court adheres to “the established principle that a court will not decide a constitutional issue when a case can properly be disposed of on a non-constitutional ground.” … To reiterate, we have clearly recognized, as a matter of Maryland common law, the “public’s right of open access to courtrooms,” as well as the “right to inspect and copy judicial records and documents.”

Hagan v. Dundore

187 Md. 430 · Court of Appeals of Maryland · Jan 8, 1947

Alvey *440 said: “It is not necessary to establish that there has been actual fraud or imposition practiced by the party holding the confidential or fiduciary relation;—the onus of proof being upon him to establish the perfect … Wooden, a qualified accountant called by the appellant, that the books were not adequate to reflect accurately the assets and liabilities on any specified date, that only a portion of the invested labor cost went through

Lockshin v. Semsker

412 Md. 257 · Court of Appeals of Maryland · Jan 12, 2010

Under this arbitration scheme, a plaintiff must file initially his or her claim, along with a certificate of a qualified expert attesting to the alleged departure by the defendant(s) from standards of care and causation of … In addition to mutual waiver under § 3-2A-06A, arbitration of a claim through the HCADRO “may be waived by the claimant or any defendant in accordance with” § 3-2A-06B after the filing of the certificate of qualified expert

Hunt v. State

321 Md. 387 · Court of Appeals of Maryland · Dec 28, 1990

Major Thompson was qualified to form and offer an opinion on the subject. VI. … They tend to establish that Officer Adolfo was clearly and obviously a police officer who was in uniform and performing his duties when murdered.

Walker v. Board of County Commissioners

208 Md. 72 · Court of Appeals of Maryland · Jul 27, 1955

This County has been practically immune to depression because the people live primarily off the land and in towns catering to the wants of the people on the farms. … He added that if appellants’ land were zoned industrial and no industry was established, other property in the neighborhood would be depreciated.