Case law

Fisher and Utley v. State

367 Md. 218 · Court of Appeals of Maryland · Dec 17, 2001

At any rate it was clearly established by the time of Foster [1791] that the unlawful act underlying the homicide must be a felony in order to render it murder. Other commentators reiterate the same rule." … Fisher argues that the proffered psychological profile evidence is relevant to the alternative form of physical child abuse, namely, physical injury as a result of a malicious act. [15] Bowers clearly establishes a totality

Leland v. Empire Engineering Co.

135 Md. 208 · Court of Appeals of Maryland · Nov 21, 1919

Moreover, under our practice, to the lower Court is left a great deal of discretion which can be exercised for the protection of litigants by granting new trials, and that discretion must *217 he clearly abused to justify … The concluding part of the prayer is not in accord with the established practice in this State, although we would not he inclined to reverse the judgment by reason of that alone.

Pinkerton v. Slocomb

126 Md. 665 · Court of Appeals of Maryland · Nov 10, 1915

established as the foundation for such liability,” and we went on to say that there was no such legally sufficient evidence of it as would have justified the Court below in submitting the case to the jury. … He unquestionably showed that he was experienced and qualified to do such work as the appellant employed him to do on these steps, and that is not denied in the record.

Meehan v. Macy

257 Md. 58 · Court of Appeals of Maryland · May 12, 1969

They were eminently qualified by unique and special knowledge gleaned from many years in the Department to pass judgment upon the effects of the Appellants’ statements on the morale and discipline of the Department. … In short, the policeman by the nature and character of his public employment has the most qualified and limited freedom of speech. Mr.

Franch v. Ankney

341 Md. 350 · Court of Appeals of Maryland · Jan 29, 1996

And I am satisfied that one reading of that case would clearly be that the . .. Commission[ ] is right in cutting off the [benefits]. * * * [T]hat would be a logical extension of that case. … Critzer, 230 Md. 286, 290 , 186 A.2d 586, 588 (1962) (“[N]o matter how highly qualified the expert may be in his field, his opinion has no probative force unless a sufficient basis to support a rational conclusion is shown

Bryant v. State

374 Md. 585 · Court of Appeals of Maryland · May 12, 2003

The record clearly indicates that the State fully bore the burden of establishing the aggravating circumstance beyond a reasonable doubt and retained the burden of convincing the sentencing body that the aggravating circumstance … The sentencing court refused to consider the asserted mitigator of disproportionate sentences because the statutory scheme clearly established which defendants, tried as adults, are death-eligible.

DeLeon v. State

407 Md. 16 · Court of Appeals of Maryland · Dec 23, 2008

DeLeon contends that his objection to Officer Davis’ testimony qualifies as a “general” one, and thus preserves his appellate arguments that the gang membership evidence was not relevant, and was highly prejudicial. … Maybe they’re able to. establish the gang through an officer, but there was no establishment whatsoever in this .case. [Judge Battaglia]: So ... they ask about the excited utterance. What happens next? And ... Mr.

In Re Special Investigation No. 244

296 Md. 80 · Court of Appeals of Maryland · May 5, 1983

Technically the subpoena here may be to a third party since it does not clearly appear whether the recipient is an employee. In Perlman the recipient was not an employee. … Grand jury secrecy is well established in Maryland. For instance, in Coblentz v.

Marbury v. Stonestreet

1 Md. 147 · Court of Appeals of Maryland · Dec 15, 1851

The weight of argument is clearly on the side of the more convenient and summary proceeding. … As regards decrees, the court were but announcing the well established doctrine.

Bowie v. Evening News Co.

151 Md. 285 · Court of Appeals of Maryland · Jun 29, 1926

If the defendant had relied simply upon its qualified privilege in publishing reports of judicial proceedings, that defense would have-been sustainable, in the absence of actual malice, by proof that the published summary … The general rule on the subject is that if the truth of the statement alleged to have been defamatory is pleaded in justification and is established by proof, it is a complete and effectual defense to the action.

State v. Booze

334 Md. 64 · Court of Appeals of Maryland · Mar 11, 1994

admitted or rejected when offered out of the proper order, in the absence of some positive rule of *68 court upon the subject, must be allowed to rest upon the discretion of the court directing the trial, as the tribunal best qualified … While clearly admissible in the case-in-chief, the State could not be sure that it would be admitted at a subsequent stage of trial.

Fowble v. Kemp

92 Md. 630 · Court of Appeals of Maryland · Feb 20, 1901

He is not an assessor or an agent appointed by the County Commissioners, but he is clearly one of the “others,” that is to say, one of the *634 officers not appointed by the County Commissioners, but still authorized by law … So the sole office of the proviso was to preserve the antecedently established method of valuing distilled spirits. That method still obtains.

Consumer Protection Division Office of the Attorney General v. Consumer Publishing Co.

304 Md. 731 · Court of Appeals of Maryland · Dec 13, 1985

Peco, supra, the Court held that the Board of Pharmacy did not in the case before it qualify as an “aggrieved party” because the statutory function exercised in the case was “quasi-judicial and not adversary” and that the … type; “2) Clearly and conspicuously disclose every part of the program, plan, system or product which must be used or followed in order for the user to achieve significant weight loss; “3) Clearly and conspicuously disclose

Cane v. EZ Rentals

450 Md. 597 · Court of Appeals of Maryland · Nov 29, 2016

Cane did not qualify for consideration under the rent escrow statute, (3) that the judgment rendered actually included a recoupment in Ms. Cane’s favor, or (4) that Ms. … Cane Qualified under the Rent Escrow Statute The Association also argues that Ms.

In Re Meyerson

190 Md. 671 · Court of Appeals of Maryland · May 27, 1948

W. 2d 1094, 1096 , the court classified the many decisions as establishing three rules, a “lax rule”, a “strict rule”, and a “reasonable middle rule.” … He has the burden of proving fitness acquired since unfitness was established by the disbarment. The perjured testimony at the trial does not tend to prove fitness.

Attorney Grievance Comm'n v. Weinberg

485 Md. 504 · Court of Appeals of Maryland · Aug 31, 2023

[it] is clearly in violation of Rule 8.2(a).” Id. … However, the record does not clearly provide evidence of this as a mitigating factor.

Stansbury v. Jones

372 Md. 172 · Court of Appeals of Maryland · Dec 13, 2002

Standard of Judicial Review Almost a half-century ago, in a case involving a denial of a use permit, we stated: “It is a clearly established rule in the law of zoning that a court may not substitute its judgment for that … In order to qualify for a Euclidean zoning reclassification, an applicant, generally, must first establish that the current classification was a mistake when it occurred, or that there has been sufficient change in the neighborhood

State v. Moon

291 Md. 463 · Court of Appeals of Maryland · Nov 10, 1981

Caplan which clearly spelled out the effects of a blood alcohol concentration such as Moon had. … With this qualifying proviso, the Committee would view favorably legislation introduced to provide chemical tests."

In Re Application of G. L. S.

292 Md. 378 · Court of Appeals of Maryland · Jan 7, 1982

"Clearly, the Applicant’s responses to both questions were incomplete. … Under these circumstances, we cannot conclude that the applicant did not possess a sufficient degree of candor to qualify for admission to the Bar.

Grandison v. State

390 Md. 412 · Court of Appeals of Maryland · Dec 16, 2005

In order to establish a Brady violation, Petitioner must establish “(1) that the prosecutor suppressed or withheld evidence that is (2) favorable to the defense — either because it is exculpatory, provides a basis for mitigation … Had the General Assembly intended to limit the application of the death penalty to participants in contractual murder who qualify as principals under the law, it could have done so.