Case law

In Re Adoption No. 9979

323 Md. 39 · Court of Appeals of Maryland · Jun 25, 1991

It clearly constitutes a denial of due process. As stated in Travelers v. … Consequently it is subject to the well established principles for construing criminal statutes.

Turner v. Hudson Cement & Supply Co.

133 Md. 134 · Court of Appeals of Maryland · Jun 20, 1918

Tobe died on November 8th, 1914, and her husband qualified as her administrator on November 12th. … The onus, rests on the parties, assailing the deed to establish the fraudulent intent by satisfactory proof.” In Diggs v. McCullough, 69 Md. 592 , the Court quoted from Moore v.

Gibson v. State

204 Md. 423 · Court of Appeals of Maryland · May 5, 1954

.” *428 (Sections 124C to 124E were expressly repealed as to Harford and Baltimore Counties in 1912 when racing commissions were established for those counties.) In Close v. … Tawes, 187 Md. 195 , 49 A. 2d 463 , suggests the problem, but there it was not established whether the Legislature knew the facts or not.

Satterfield v. State

483 Md. 452 · Court of Appeals of Maryland · Sep 5, 2023

“Under this standard, if there is any competent evidence to support the factual findings below, those findings cannot be held to be clearly erroneous.” … Petitioner’s offenses, by definition, qualify as violent crimes under Crim. Proc. § 8-201.

Hammond v. Lyon Realty Co.

163 Md. 442 · Court of Appeals of Maryland · Nov 30, 1932

*Page 470 fraudulent the questioned transactions, but also to assure protection and permanency to just corporate transactions by making this presumption rebuttable, upon the production by the fiduciaries of proof which clearly … establishes that the transactions are fair, honest, and equitable.

Baltimore & Drum Point Railroad v. Pumphrey

74 Md. 86 · Court of Appeals of Maryland · Mar 25, 1891

But the Acts of the Legislature, both that of 1872, ch. 245, and of 1874, ch. 225, contemplated the power delegated as being within the provision of the Constitution; and we think the Legislature clearly right in so regarding … It is established in this State, as it is in many others, that the word “month,” when used in a statute, and of course the same when used in a Constitution, means calendar month, unless words be added to show that lunar month

Mayor & City Cncl. Of Balt. V. B.P. P.L.C.

Court of Appeals of Maryland · Mar 24, 2026

Congress did not address it, qualify it, or gesture toward it. … It was not designed to immunize multinationals from state tort liability for deceiving the residents of the states in which they operated.

Katzenberg v. Comptroller of the Treasury

263 Md. 189 · Court of Appeals of Maryland · Oct 18, 1971

This is clearly established by the ‘Report of the Committee on Taxation and Fiscal Reform’ (February 1, 1967), which Committee was appointed by Governor-Elect Agnew on December 7, 1966 to present the implementing legislation … This test, however, is clearly inapplicable here.

State v. Pagotto

361 Md. 528 · Court of Appeals of Maryland · Nov 16, 2000

Therefore, if a jury’s judgment of conviction is supported by the testimony of a qualified expert, ordinarily the evidence is sufficient. See Jewell v. … State, 319 Md. 116 , 571 A.2d 1208 (1990) (overturning conviction because jury instruction that specific intent to kill was not required to establish crime of assault with intent to murder, was clearly erroneous); State v

Chesapeake Bay Found. v. CREG Westport I

Court of Appeals of Maryland · Aug 26, 2022

A forest stand delineation and forest conservation plan must be prepared by a Maryland licensed forester, a Maryland licensed landscape architect, or other qualified professional.8 On a property with significant … Following approval of the forest stand delineation, the applicant must arrange for a qualified professional to prepare a proposed forest conservation plan. NR § 5-1605(b).

Honaker v. W. C. & A. N. Miller Development Co.

285 Md. 216 · Court of Appeals of Maryland · May 29, 1979

Each has been held to be a statutory employer under Maryland Code (1957) Art. 101 (the Workmen’s Compensation Act), § 62 and thus immune from *219 any liability other than that for workmen’s compensation. … We said, at 480, 101 A. 2d at 823 : “We find no such limitation in the language or purpose of [§ 62] and the last paragraph dealing with the interpleading of intermediate contractors when a claim is filed, is clearly predicated

Sinclair v. Auxiliary Realty Co.

99 Md. 223 · Court of Appeals of Maryland · Mar 5, 1904

It will be necessary in order to clearly present these questions to state in as succinct a form as possible the various steps taken during the progress of the proceeding. On the 22nd of April, 1901, Annie E. … Of course, before relief can be granted, the claim or demand must be established by proof; but there is no rule of equity pleading which requires that the cause of action or the evidence of it should be specifically set out

Admission of Brown

392 Md. 44 · Court of Appeals of Maryland · Apr 11, 2006

The fact of his criminal behav *67 ior having been established, what it predicted with respect to his future actions and what to make of the subsequently-established facts pertaining to the applicant’s rehabilitation were … Explanations that were misleading, or intended to be, would not qualify the applicant for such a recommendation.

Potomac Edison Co. v. State

168 Md. 156 · Court of Appeals of Maryland · Jan 25, 1935

such a contact, that the two wires were tangled together, and that their connection was visible “from the ground” to any one standing on the railroad side of the truck, “if you looked up you could see it”; but it was not clearly … As used in the prayer under consideration, it adds little, if anything, to the meaning of “might,” which it qualifies, and the obvious meaning of the prayer is that, if Hoffman knew or should have known that the wire might

Wicks v. State

311 Md. 376 · Court of Appeals of Maryland · Jan 7, 1988

Thus, although petit larceny is now a misdemeanor, it was clearly a felony at common law and "infamous" within the meaning of § 10-905. … Boyce, supra, at 14; 1 Wharton's Criminal Law, supra, § 17, at 81. [4] Section 3-4(c) provides that "[n]o person shall be registered as a qualified voter if he has been convicted of theft or other infamous crime, unless he

Matter of Easton, Incompetent

214 Md. 176 · Court of Appeals of Maryland · Jun 26, 1957

Doyle was appointed trustee, and, after duly qualifying, thence proceeded to administer the estate. … Is the establishment of a judicial method of determining a person to be incompetent by reason of mental disability, non compos mentis, or a lunatic, a legislative function? II.

Lovell Land, Inc. v. State Highway Administration

408 Md. 242 · Court of Appeals of Maryland · Apr 9, 2009

Under that view, Lovell clearly would not qualify as a creditor beneficiary. … To achieve third-party beneficiary status under the Restatement (Second) approach, Lovell would need to establish the criterion set forth in § 302(l)(b) — that “the circumstances indicate that the promisee intends to give

Bean v. Department of Health & Mental Hygiene

406 Md. 419 · Court of Appeals of Maryland · Nov 5, 2008

After qualifying as an expert in forensic psychiatry, Dr. … Particularly this is true when the disability develops coincidentally with, or within a reasonable time after, the negligent act, or where the causal connection is clearly apparent from the illness itself and the circumstances

Henry G. Davis & Co. v. Gemmell

73 Md. 530 · Court of Appeals of Maryland · Mar 24, 1891

We think the Court below was clearly right in allowing these fees as a preferred claim. 2. With regard to the fees of Messrs. … It was open to be qualified, or absolutely reversed upon final hearing, if additional evidence had been adduced, establishing different facts from those upon which the preliminary decision was founded.

Medstar Health v. Maryland Health Care Commission

391 Md. 427 · Court of Appeals of Maryland · Mar 7, 2006

Nor does it insulate the CON application review process from critical review or the formula triggering CON review immune from challenge. … The Commission clearly ignores the actual evidence that the need for cardiac services in the region is declining.