Case law

Sears v. Gussin

350 Md. 552 · Court of Appeals of Maryland · Jul 31, 1998

Sears bears the burden of establishing any waiver of the accountant-client privilege. … We note, however, that a client may not immunize otherwise discoverable materials from the reach of another party by transferring possession of those materials to an accountant. See McNair v.

Horner v. Bell

102 Md. 435 · Court of Appeals of Maryland · Jan 10, 1906

It would seem from this review of the evidence in the cause as to the character of the transaction, here in question, and *444 the relations of the parties thereto and to each other in connection with it, that it is clearly … The same burden of proof that the appellants would have to gratify to establish the deeds, which were set up as the effective deeds, would devolve upon them with respect to the so-called confirmatorydeeds in the attempt to

McDonell v. Harford Co. Housing

462 Md. 586 · Court of Appeals of Maryland · Jan 22, 2019

The PHA makes this determination based on standards established in its Administrative Plan. See id. … The Hearing Officer’s decision was supported by substantial evidence of qualifying criminal activity.

Montgomery County Volunteer Fire-Rescue Ass'n v. Montgomery County Board of Elections

418 Md. 463 · Court of Appeals of Maryland · Mar 22, 2011

On May 21, 2010, the Montgomery County Council signed into law Bill 13-10, establishing an Emergency Medical Services Transport Fee. … (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.

Bishop v. State

417 Md. 1 · Court of Appeals of Maryland · Nov 4, 2010

I am not admitting to any of the conduct necessary to establish guilt. … I *28 am not admitting to any of the conduct necessary to establish guilt.”

Hall v. University of Maryland Medical System Corp.

398 Md. 67 · Court of Appeals of Maryland · Mar 21, 2007

The purpose of presenting evidence in support of a contention is to establish facts from which reasonable minds form conclusions and render judgments. … See In re Yve S., 373 Md. 551, 616-18 , 819 A.2d 1030, 1068-69 (2003) (discussing the parameters this Court has established for finding harmless error).

Attorney Grievance Commission v. Sheridan

357 Md. 1 · Court of Appeals of Maryland · Dec 10, 1999

Perry, and would clearly never have contacted Mr. Perry or the Respondent. … Clearly Allied had no real interest in the Perry receivable, and clearly Allied is not the type of third person contemplated in the rules and statutes as being the subject of the protections the rules and statutes afford.

Attorney Grievance Commission v. Patterson

421 Md. 708 · Court of Appeals of Maryland · Sep 21, 2011

In Guida , we instructed: *734 Funds given in anticipation of future legal services qualify as trust money and, accordingly, are to be deposited in trust accounts separate from the attorney’s property, to be removed promptly … Patterson understood that he was terminated, he was clearly obligated to refund the $600 to Mr. Moten.

Atlantic Sea-Con, Ltd. v. Robert Dann Co.

321 Md. 275 · Court of Appeals of Maryland · Dec 10, 1990

Co., 305 Md. 532 , 505 A.2d 533 (1986), but this case is not clearly determinative of the issue before us. … Co., 390 F.Supp. 158 (E.D.N.Y.1975) (materialman of materialman of subcontractor did not qualify to bring suit on payment bond under Miller Act); United States v.

Mayor & City Council of Baltimore v. M. A. Talbott Co.

133 Md. 226 · Court of Appeals of Maryland · Jul 9, 1918

And we have permitted our employees to be influenced and directed by him even when it was clearly apparent that he was inexperienced and incompetent. … In view of these facts, we, can not conceive how this letter or the reservations contained in the receipts can be regarded as establishing an agreement between the parties that the question raised was “to he determined in

Benner v. Tribbitt

190 Md. 6 · Court of Appeals of Maryland · Feb 19, 1948

Later the prohibition was qualified by authority to the zoning board, subject to veto by a minority of the board, to grant a permit. … For the reasons already stated, this ruling was not prejudicial to defendants, especially after joinder of issue on the replication, which clearly makes the allegation claimed to be lacking in the petition.

Bostock v. Sams

59 L.R.A. 282 · Court of Appeals of Maryland · Jun 19, 1902

It cannot be pretended that the *413 citizen has not the common law right to acquire title to a lot of land, qualified or absolute, in a city as elsewhere and to build upon, and improve it as his taste, his convenience or … While thus a broad discretion is given the corporation to use the police power the nature of the power is clearly indicated in the terms and in the connection in which it is granted; and the nature of the objects and purposes

In Re Report of Grand Jury

152 Md. 616 · Court of Appeals of Maryland · Mar 23, 1927

that they would elect twelve other knights, or if knights could not be had, twelve “free and lawful men,” who had no interest in the matter to be investigated, nor were suspected of any offence, and were such as were well qualified … individuals must depend upon the fact that a crime or offense has been committed against the public. * * * If the acts charged do not constitute a crime, then there is no indictment before the court, and the petitioners clearly

Southern Management Corp. v. Taha

378 Md. 461 · Court of Appeals of Maryland · Nov 25, 2003

Similarly, the jury clearly stated through its verdict that it did not find Wylie-Forth and McGovern liable for the tort of malicious prosecution while holding the corporate employer SMC responsible. … S.M.A., Inc., 59 Md.App. 136, 148 , 474 A.2d 950, 956-57 (1984) (holding that evidence available to the appellant at trial did not qualify as “newly discovered” and, therefore, did not provide a basis for a new trial).

Thomas v. Panco Management of Maryland, LLC

423 Md. 387 · Court of Appeals of Maryland · Oct 31, 2011

As explained, supra, “the doctrine of assumption of risk will not be applied [as a matter of law] unless the undisputed evidence and all permissible inferences therefrom clearly establish that the risk of danger was fully … Likewise, the permissible inferences from the undisputed evidence do not clearly establish that the risk of danger was fully known to and understood by the Petitioner. Schroyer, 323 Md. at 283 , 592 A.2d at 1123 .

Wallace v. State

475 Md. 639 · Court of Appeals of Maryland · Aug 16, 2021

State conceded that Wallace merited a new trial for trial counsel’s error regarding the erroneous jury instruction, but argued that the remaining convictions should be upheld because the other alleged errors did not qualify … State, 455 Md. 341, 351–52, 168 A.3d 1, 7 (2017) (“Because we are not finders of fact, we defer to the factual findings of the post-conviction court unless clearly erroneous.

Petition of the Off. Of People's Counsel

486 Md. 408 · Court of Appeals of Maryland · Mar 21, 2024

OPC asserts that in those decisions, the Commission found such hypothetical savings “too vague to quantify,” “inherently speculative,” and “too intangible to qualify as a benefit” under PU § 6-105. … As discussed in detail above, Commission decisions are prima facie correct and shall be affirmed unless clearly shown to be arbitrary or capricious.

Christian v. State

405 Md. 306 · Court of Appeals of Maryland · Jun 30, 2008

Further explaining the analysis, the Court said: *338 “Attempted voluntary manslaughter clearly has a different required mens rea-an intent to kill-than first degree assault, which requires the specific intent to cause, or … That certainly would qualify as first degree assault, by the express terms of the statute. Indeed, this is quite a likely and predictable scenario.

Kennelly v. Burgess

337 Md. 562 · Court of Appeals of Maryland · Mar 9, 1995

Nauta testified for the petitioners and stated that the defects he observed in the bone were “clearly” caused by an operating instrument. Dr. … Burgess, stated that the fact that complications arose did not establish negligence.

Schochet v. State

320 Md. 714 · Court of Appeals of Maryland · Oct 9, 1990

The State correctly notes that “[o]nly when a statute is ... reasonably susceptible to two different interpretations can this Court avoid deciding a constitutional question by choosing the interpretation that is clearly valid … Revon Products, supra, 311 Md. 496 , 536 A.2d 633 , involved a statute which stated that a foreign corporation doing any interstate, intrastate or foreign business in this State, without registering or *730 qualifying, may