Case law

Wilson v. State

284 Md. 664 · Court of Appeals of Maryland · Mar 30, 1979

The Office of Public Defender was established in the executive branch of the government. Code (1957, 1976 Repl. Vol.) art. 27A, § 3. … In any event, however, the rule relied upon by the Court of Special Appeals to support its holding clearly does not apply to post conviction proceedings.

Attorney Grievance Commission v. Mooney

359 Md. 56 · Court of Appeals of Maryland · Jun 8, 2000

Clearly, no such measures were in place; thus, respondent violated MRPC 5.1. c. … We do not mean t.o indicate that an attorney can avoid being truthful and candid with Bar Counsel by qualifying answers with “I assume” or "I believe.”

Informed Physician Services, Inc. v. Blue Cross & Blue Shield of Maryland, Inc.

350 Md. 308 · Court of Appeals of Maryland · Jun 26, 1998

At least two bracketing principles have been established by the cases. … InforMed very clearly reserved the right to contend that entry of summary judgment on any of the counts was substantively in error, but it just as clearly waived its right to complain that the judgments exceeded the scope

Susquehanna Transmission Co. v. Murphy

131 Md. 340 · Court of Appeals of Maryland · Jun 28, 1917

Murphy, to speak as to the value of the timber before and after the fire with a view of establishing the damages. Balto. Belt R. R. Co. v. Sattler, 100 Md. 333 ; Western Md. R. R. Co. v. Jacques, supra. … We think these witnesses were qualified to speak upon the subject of value.

Clear Channel Outdoor v. Dept. of Finance

472 Md. 444 · Court of Appeals of Maryland · Jun 9, 2021

Clear Channel’s billboards thus may qualify as a medium that in some small aspect functions similarly to what is traditionally referred to as “the press.” … While the line of demarcation may be difficult to discern, here the ordinance clearly requires review at a higher standard of scrutiny.

Remes v. Montgomery County

387 Md. 52 · Court of Appeals of Maryland · May 12, 2005

Boblitz, 296 Md. 242 , 462 A.2d 506 (1983), this Court abrogated the common law of inter-spousal immunity and applied the abrogation to Boblitz as well as to all such cases accruing after the filing of the Boblitz opinion … In Montgomery County height is apparently determined by first establishing the "natural grade.” 2 .

Parish v. Maryland & Virginia Milk Producers Ass'n

261 Md. 618 · Court of Appeals of Maryland · Jun 3, 1971

They have succeeded in establishing at Laurel, according to the evidence here — and the complainants do not by any means cast any doubt upon this in their testimony nor argument — they have established at Laurel, Maryland … Merrigan, the then general counsel, submitted the names of three individuals to the Plant Committee, all, in his opinion, qualified to conduct the investigation.

Solomon v. Solomon

383 Md. 176 · Court of Appeals of Maryland · Sep 13, 2004

The tax liabilities of a retirement account could be considered because, “it is conceivable that the future maturity date could be so close to the date of trial that the tax consequences could be determined and could qualify … It is well established that the term “property” embodies more than just physical, corporeal assets. It can include intangible entities, such as rights and interests. See Bouse v.

Mayor of Baltimore v. Garrett

108 Md. 24 · Court of Appeals of Maryland · Apr 1, 1908

not to erect or suffer to be erected on the premises, any other than private residences, and not to erect or suffer to be erected thereon any public house, or house of amusement or entertainment, but it was a conditional, qualified … deed of the recital mentioned above is robbed of any significance which it might be supposed to have, when it is seen that it is also absent from Grabenhorst’s deed, which does embrace the restrictive covenant, and this clearly

Porter Hayden Co. v. Bullinger

350 Md. 452 · Court of Appeals of Maryland · May 15, 1998

Clearly, something short of an actual judgment will suffice; we think it equally clear that a denial of liability will not.” … Carter, 74 Md.App. 68, 73-74 , 536 A.2d 699, 701-02 (1988) (holding that when settling defendants were granted summary judgment because they were immune from suit, the nonsettling defendant was not entitled to a reduction

Stebbing v. State

299 Md. 331 · Court of Appeals of Maryland · Apr 16, 1984

In Myers the trial judge sentenced the defendant to life imprisonment after finding as mitigating circumstances the fact that one of Myers’s co-defendants was given a life sentence and the other was granted immunity from … The majority disposes of this issue by citing the general rule that, in order to establish a felonious taking, it is not necessary that the taker gain pecuniary advantage. Canton Bank v. Am.

Attorney Grievance Commission v. Richardson

350 Md. 354 · Court of Appeals of Maryland · Jul 1, 1998

In the first proceeding, the Florida Supreme Court affirmed the referee’s determination that the respondent had charged a clearly excessive attorney’s fee, and it imposed a harsher sanction than was recommended. … A lawyer may nevertheless so defend the proceeding as to require that every element of the moving party’s case be established.” 6 .

Wesley Home, Inc. v. Mercantile-Safe Deposit & Trust Co.

265 Md. 185 · Court of Appeals of Maryland · Apr 4, 1972

Appellants Wesley and Keswick would have us read into the phrase “from and after”, as used by the testatrix, an intention on her part to establish a condition subsequent that the trust fund be divided among only those charities … Jacques intended to have her gift paid in that manner, or in any other way sought to limit, qualify, postpone, or defer the vesting of those gifts until some time other than that of her own death, she need merely have so

Supervisor of Assessments v. Group Health Ass'n

308 Md. 151 · Court of Appeals of Maryland · Nov 28, 1986

We do not at this time attempt to establish a hard-and-fast rule as to the meaning of “charitable” for purposes of § 9(e)(2). Indeed, we doubt *157 whether such a rule can be formulated. … On basically undisputed facts, the Tax Court held that each homesite occupied by a farm employee qualified for assessment on the agricultural basis.

Christopher v. Montgomery County Department of Health & Human Services

381 Md. 188 · Court of Appeals of Maryland · May 12, 2004

See 7 CFR §§ 276.1-276.7 (establishing state agency liabilities for not complying with federal guidelines). … Here, regarding the uncapped excess shelter cost deduction, the ALJ had no discretion as a matter of substantive law because “disabled” so clearly turns on whether the applicant receives certain disability benefits.

Attorney Grievance Comm'n of Md. v. Singh

464 Md. 645 · Court of Appeals of Maryland · Jul 17, 2019

A, we cannot say that the hearing judge was clearly erroneous in his credibility determinations. … While these answers are guarded and qualified, they are also clearly an effort to get the questioner to draw the conclusion that funds “usually” first went into the trust account – a conclusion that Mr.

Daly v. Morgan

1 L.R.A. 757 · Court of Appeals of Maryland · Nov 23, 1888

This is clearly shown by express decisions. In Crane vs. … Can this contention be sustained upon any principle-of established law ? I am clearly of opinion it cannot..

Wright v. Rogers

9 G. & J. 181 · Court of Appeals of Maryland · Dec 15, 1837

Tilghman, the appellant acquired no right to freedom, either of a qualified or absolute character which could be enforced in law or equity. … court, and' if the opposing right of her master could without question have been enforced in all, does it not follow, that the act of 1834, which professes to give validity to a void deed upon its being recorded, proves as clearly

Brown v. Brown

287 Md. 273 · Court of Appeals of Maryland · Mar 10, 1980

Md. 84, 92 , 400 A.2d 1091, 1095-96 (1979); and, if the words are not ambiguous, the inquiry is terminated, for the Court is not at liberty to search beyond the Constitution itself where the intention of the framers is clearly … First, it has long been established that the "popular conception of the meaning of the words 'child or children’ [of specific individuals] is 'immediate offspring.’ ” Billingsley v.

Greenbelt Consumer Services, Inc. v. Acme Markets, Inc.

272 Md. 222 · Court of Appeals of Maryland · Jul 18, 1974

Exercise of this jurisdiction is subject to the restrictions of venue established by law." "§ 4-401. Exclusive original jurisdiction. … However, the Legislature did not so qualify the language which it used.