Case law

Boulden v. State

414 Md. 284 · Court of Appeals of Maryland · May 14, 2010

The Right to a Jury Trial The right to a jury trial in Maryland in qualifying criminal cases is guaranteed by the Sixth Amendment to the United States Constitution 3 and by Articles 5 (“[T]he inhabit *294 ants of Maryland … Clearly, the violation here of Rule 4-246 was error, though not structural. Thus, we must determine whether Petitioner was prejudiced by the tardy waiver.

WSG Holdings, LLC v. Bowie

429 Md. 598 · Court of Appeals of Maryland · Dec 19, 2012

Toward that end, the Board is respectfully requested to reopen the record and establish the following procedures: a. … In that opinion, the Attorney General concluded that the board must hold meetings open for “many, if not most, activities that would qualify as an administrative function under the State [Open Meetings Act]” because the county

Druid Park Heights Co. v. Oettinger

53 Md. 46 · Court of Appeals of Maryland · Jan 29, 1880

That was clearly an imperative trust, which the Court would compel to be executed, and if the trustees named refused to execute it the Court would appoint one or more to sell and to execute the trusts fully. … The substituted trustee, when so appointed and qualified, sustains to the estate the character of trustee, as fully as if he had been originally appointed. Cole vs. Wade, 16 Ves., 44.

Subsequent Injury Fund v. Kraus

301 Md. 111 · Court of Appeals of Maryland · Oct 15, 1984

Paragraph 1 of § 66(1) clearly states that the Fund pays after the employer has paid. The payments are not concurrent. … Would, therefore, this 5% pre-existing disability qualify under the 125 week statute?

Jenkins v. Karlton

329 Md. 510 · Court of Appeals of Maryland · Mar 11, 1993

Qualified Bldrs. v. Equitable Trust Co., 273 Md. 579, 584 , 331 A.2d 293, 296 (1975); Brenner v. Plitt, 182 Md. 348, 367 , 34 A.2d 853, 862 (1943). … Bacon should have a reasonable time after it became due in which to make payment, but that when the note became due, if a demand was made (and it has been established that a demand was made of Mr.

Baltimore Typographical Union No. 12 v. Hearst Corp.

246 Md. 308 · Court of Appeals of Maryland · Apr 10, 1967

If the 1963 act be not read retrospectively, all claimants paid such allowances under a contract specified in the act would be qualified for benefits only if such allowances were paid before December 6, 1962, or after June … Clearly the legislative intention was to apply the statute prospectively only.

Bailey v. State

412 Md. 349 · Court of Appeals of Maryland · Jan 14, 2010

The appellate court defers to the trial court’s fact-finding at the suppression hearing, unless the trial court’s findings were clearly erroneous. Crosby, 408 Md. at 504-05 , 970 A.2d at 902 . … Officer Lewis was not qualified as a Drug Recognition Expert or expert witness. See Ragland v.

Foley v. K. Hovnanian at Kent Island, LLC

410 Md. 128 · Court of Appeals of Maryland · Aug 21, 2009

Vol., 2006) § 8-1808 of the Natural Resources Article, local jurisdictions are directed to establish a Critical Area Program, such as the one adopted by Queen Anne’s County, that establishes certain land use policies for … The following procedures will be followed in determining if a site qualifies for growth allocation: A.

Scott v. State

297 Md. 235 · Court of Appeals of Maryland · Sep 19, 1983

When we have so recently and clearly interpreted a statute, and the interpretation has been relied on by the trial courts of Maryland, it is inappropriate and detrimental to the public perception of the judicial process to … The Court’s qualifying phrases are well advised.

Parry v. Allstate Insurance

408 Md. 130 · Court of Appeals of Maryland · Apr 6, 2009

The trial court explained that the County’s payment of medical expenses qualified as “benefits ... paid ... under the workers’ compensation laws.” … The statute clearly provides that “[benefits payable under the coverage required in §§ 539 and 5bl of this article shall be reduced to the extent that the recipient has recovered benefits under workmen’s compensation laws

State v. Jones

Court of Appeals of Maryland · Aug 28, 2019

Applying the clearly erroneous standard in that case, we held that the juvenile court “was not clearly erroneous in finding that [the two individuals] were not -3- accomplices … Ordinarily this Court may strike down a decision that is, “clearly wrong and contrary to established principles [ ]”1, Thompson v. UBS Fin.

Cain v. Midland Funding

475 Md. 4 · Court of Appeals of Maryland · Sep 30, 2021

that was a matter of public record.18 Establishing the accrual date for the Petitioners’ claims as the date that they made their first payment is consistent with the discovery rule established by our Court in Poffenberger … Any such theory potentially gives the debt collector advance immunity from the liability recognized in Finch III for later discrete efforts to enforce such a judgment.

City of Annapolis v. United Food Workers, Local 400

317 Md. 544 · Court of Appeals of Maryland · Nov 9, 1989

Moreover, it is expected that a physician professionally qualified in urinalysis will evaluate the contents of a urine sample for signs of physical infirmities or latent diseases. … Clearly, the nature of *555 the intrusion in those cases is greater in degree than that involved in the case before us.

Kelley v. Stanton

141 Md. 380 · Court of Appeals of Maryland · Jun 23, 1922

The principal witness relied upon by the caveators to establish the fact that the testator was mentally incapable of executing the will was Grant Stanton, a brother. … both in chief and on re-direct, after cross-examination on the part of the defendants, yet we are unable to find that the witness had disclosed in his entire testimony such facts, and such adequate means of knowledge as qualified

State v. Jones

Court of Appeals of Maryland · Aug 28, 2019

Applying the clearly erroneous standard in that case, we held that the juvenile court “was not clearly erroneous in finding that [the two individuals] were not -3- accomplices … Ordinarily this Court may strike down a decision that is, “clearly wrong and contrary to established principles [ ]”1, Thompson v. UBS Fin.

Klein v. Weiss

284 Md. 36 · Court of Appeals of Maryland · Nov 20, 1978

The agreement designated the general partners as attorney and agent for the limited partners to execute and record on their behalf “all certificates or other instruments ... which the General Partner deems appropriate to qualify … That a power of attorney will be strictly construed as a general rule and held to grant only those powers which are clearly delineated is well settled. 3 Am. Jur. 2d Agency § 29 (1962). For example, in United States v.

In re Kaela C.

394 Md. 432 · Court of Appeals of Maryland · Sep 8, 2006

C. a remedy in the Maryland courts for what we believe is a denial of her due process rights. 28 Clearly, however, Mrs. … Thus, the right to file exceptions is a required protective provision of litigants’ due process right to have his or her matter heard by a duly qualified judge.

Department of Correction v. Johnson

222 Md. 139 · Court of Appeals of Maryland · Mar 24, 1960

These rulings were held too restrictive, since incapacity under the Act meant incapacity to do work of any kind, not merely that to which the claimant was accustomed and which he was qualified to perform. … It is unnecessary to invoke the rule of construction stated in Code (1957), Art. 1, sec. 8, that the singular includes the plural, and vice versa, although this section is clearly applicable to Art. 101, and this Court has

INSURANCE COMMISSIONER FOR THE STATE v. Engelman

345 Md. 402 · Court of Appeals of Maryland · Apr 17, 1997

Every Code provision cited by the Commissioner is directed towards ensuring that insurers justify and abide by rates established for the various insurance products offered for sale to the public. … This view is perfectly consistent with our § 230(b), since enforcement of an insurance policy when an agent has refused to accept the policy premium would clearly violate its provisions. 16 .

Bauder v. Blackiston

149 Md. 322 · Court of Appeals of Maryland · Dec 10, 1925

precise issue of law made by the conflicting contentions of the parties is whether, where, as in this state, a religious ceremony is essential to a valid marriage, that fact may be inferred from habit and repute, where a qualified … Coming to the evidence offered by the appellant, it is clearly insufficient to break down the case, such as it was, made by the appellee.