Case law

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

State v. Gutierrez & Perez-Lazaro

Court of Appeals of Maryland · Jan 28, 2016

by Officer Natalia Gaston, who had been qualified as an expert in the field of distribution and packaging of CDS, as a device that “breaks [cocaine] down, it breaks down the crystal part of it so it can get it to more of … The Smith case is clearly inapposite.

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

Board of Trustees of the Maryland State Retirement & Pension Systems v. Hughes

340 Md. 1 · Court of Appeals of Maryland · Sep 19, 1995

The Governor’s Salary Commission proposed the establishment of a separate retirement plan for Governors, rather than one that was tied to the ERS. … It was unnecessary, in my view, that the Legislature use explicit language indicating its intention to establish a separate system.

State v. Jones

451 Md. 680 · Court of Appeals of Maryland · Feb 24, 2017

Specifically, Jones states: [Jones] does not believe that Roary is clearly wrong or contrary to established principles. … In sum, applying the principle of stare decisis established in Maryland case law leads to the conclusion that Roary was not clearly wrong and contrary to established principles; and, in the past twelve years, there has

Erie Insurance Co. v. Curtis

330 Md. 160 · Court of Appeals of Maryland · Apr 22, 1993

The procedural priorities established are for the protection of those interests alone.’ ” 303 Md. at 222 , 492 A.2d at 1290 (quoting Johnson v. Miles, 188 Md. at 460 , 53 A.2d at 32 ). … allegations that he is entitled to payment under one of the first party coverage clauses in the contract he entered into with his insurance carrier, and that the carrier has refused payment thereby breaching its promise, is clearly

Littleton v. Wells & McComas Council, No. 14

98 Md. 453 · Court of Appeals of Maryland · Jan 12, 1904

In the other association it does not so clearly appear but there is enough to show that the members of the councils are at least in a qualified sense regarded as members or quasi members of the association. … If he is not in good standing, it is clearly the ditty of the council to so in *465 form the Funeral Benefit Association, and he either is or is not.

Attorney Grievance Commission v. O'Toole

379 Md. 595 · Court of Appeals of Maryland · Feb 18, 2004

Commissioner, 361 F.2d 939, 942 (7th Cir.1966) (recognizing the purpose of the S corporation, “ ‘to permit a qualified corporation and its shareholders to avoid the double tax normally paid when a corporation distributes … Nonetheless, the principles guiding our determination of an appropriate sanction are well established. Attorney Grievance Comm’n v. McClain, 373 Md. 196, 211 , 817 A.2d 218, 227 (2003).

Attorney Grievance v. Tatung

476 Md. 45 · Court of Appeals of Maryland · Aug 26, 2021

Tatung and the DHS prosecutor, where they were all clearly grappling with the complex issue. … § 1003.102 clearly apply to the proceedings before the federal immigration tribunal.

Hardy v. Chesapeake Bank

51 Md. 562 · Court of Appeals of Maryland · Jun 18, 1879

Moreover, the mode proposed of getting the result of the examination of the books before the jury is sanctioned by no established principle of evidence. *596 4. … On the contrary, it would appear that, upon the construction adopted, the' party would be clearly a competent witness.

State v. Adams

406 Md. 240 · Court of Appeals of Maryland · Oct 15, 2008

State clearly established a new legal standard. … Examples of other legal principles which are heavily criticized but which are firmly established in our law include the following: the tort immunity of local governments with regard to “governmental functions,” Austin v.

State of Maryland v. Johnson

458 Md. 519 · Court of Appeals of Maryland · Apr 20, 2018

Haqq and Helms, Officer Sheehan asked Respondent to step outside so he could show her the defective brake light and “ask her some qualifying questions.” … “We accept the suppression court’s factual findings unless they are shown to be clearly erroneous.” Id. We give “due weight to a trial court’s finding that the officer was credible.” Ornelas v.

Department of Human Resources v. Hayward

426 Md. 638 · Court of Appeals of Maryland · May 23, 2012

Had the Legislature intended to limit the right, as COMAR 07.02.26.05B seeks to do, it simply could have inserted qualifying language. … COMAR 07.02.26.05B not only clearly conflicts with the statutory language in question, but it is illogical in meaning, and in effect.

Gupta v. State

452 Md. 103 · Court of Appeals of Maryland · Mar 24, 2017

The factual findings of the suppression court and its conclusions regarding the credibility of testimony are accepted unless clearly erroneous. … The circuit court concluded that these demands did not qualify as an invocation of the right to counsel under Miranda because they did not occur “in the context of custodial interrogation,” but rather “while in custody before

Consolidated Gas Electric Light & Power Co. v. State Ex Rel. Smith

109 Md. 186 · Court of Appeals of Maryland · Jan 13, 1909

Their verdict, unaided by testimony from those whose special training and skill qualified them to judge, could only be speculation. … Put in the case before us the jury has, very clearly, successfully resisted the apprehended appeal to their sympathy, and have not permitted themselves io go beyond moderate compensation.

Attorney Grievance Commission v. Zuckerman

386 Md. 341 · Court of Appeals of Maryland · Apr 13, 2005

Becker, a former employee whose subsequent defalcations gave rise to the instant attorney grievance proceeding, return to his employment, a factual conclusion that is diametrically opposed by the record, which clearly establishes … The findings clearly establish that in May of 2002, Ms. Becker asked to be rehired and that Mr. Zuckerman did rehire her. This exception is denied.

Attorney Grievance Commission v. Bridges

360 Md. 489 · Court of Appeals of Maryland · Sep 12, 2000

Respondent further argues that he falls within the exception established in Kennedy v. … Based on the record, the hearing judge’s findings of fact are not clearly erroneous.

Longus v. State

416 Md. 433 · Court of Appeals of Maryland · Oct 26, 2010

We will, however, defer to the trial court’s findings of fact “unless they are clearly erroneous.” Jones, 343 Md. at 457-58 , 682 A.2d at 253 . … Finally, based on the trial transcript, the trial judge clearly acted prematurely in removing the spectators, without the *462 State establishing a basis to do so.

Bowers v. State

283 Md. 115 · Court of Appeals of Maryland · Jul 13, 1978

It remains to be seen whether the right of a parent to chastise his children by corporal punishment qualifies as a fundamental right for purposes of vagueness analysis. … He argues that the term “cruel or inhumane” is so indefinite as not to comport with established standards of due process. We do not agree.

Vang Construction Co. v. Marcoccia

154 Md. 401 · Court of Appeals of Maryland · Feb 8, 1928

workman was survived by his mother, who lived in Italy and was his only dependent; (3) that the writer had procured a certain Hick Scarpelli, of Cumberland, Maryland, where the man was living at the time of his death, to qualify … It clearly and necessarily follows that there was no change in the dependent’s position, attributable to any breach of duty on the part of either the insurance carrier or the employer, and there is no estoppel.