Case law

Mid-Atlantic Power Supply Ass'n v. Public Service Commission

361 Md. 196 · Court of Appeals of Maryland · Oct 12, 2000

Rejecting the appellant’s rebuttal — it was a party before the Commission, participating fully in the proceedings, it meets the definition of party, and, in any event, the controlling statute clearly and unambiguously gives … The appellant qualifies, we believe, under either status. “Person” is a defined term under the Public Utility Companies Article.

In Re: O.P.

470 Md. 225 · Court of Appeals of Maryland · Aug 14, 2020

As a part of a study, the court may order that the child or any parent or guardian be examined by a physician, psychiatrist, psychologist, or other professionally qualified person. CJ §3-816(b). … However, a decision made at that hearing to continue shelter care establishes a 30-day deadline for holding the adjudicatory hearing in the CINA case. Maryland Rule 11-114(b).

State v. Title Guarantee & Trust Co.

168 Md. 376 · Court of Appeals of Maryland · Mar 6, 1935

By these documents it was made certain that the board of directors of the Title Guarantee & Trust Company had proposed a plan for the reorganization and reopening of. the company, and for the establishment of the Title Mortgage … of the reorganized corporation, since the stockholders control the selection of directors, and the plan expressly provides *392 that the board of directors for the first year, and until their successors are elected and qualified

Application of Dortch

344 Md. 376 · Court of Appeals of Maryland · Jan 6, 1997

Six short years since Petitioner has been released from prison for second degree murder is an insufficient amount of time for us to find that he has satisfied his very heavy burden to establish that "he has so convincingly … Murder, armed robbery, and conspiracy certainly qualify as "extremely damning past misconduct," thus making Petitioner's burden very heavy.

State v. Garnett

384 Md. 466 · Court of Appeals of Maryland · Dec 22, 2004

Although it may be enforced in the manner that a civil judgment may be enforced, it does not, and cannot, establish civil liability for anything beyond the matters it concludes. Id. at 451 , 769 A.2d at 895 . … Restitution to a governmental entity and imposed by a state criminal court is one such debt that qualifies as non-dischargeable under Section 523(a)(7). See Kelly v.

Long v. Long

62 Md. 33 · Court of Appeals of Maryland · Mar 27, 1884

But, surely, the absence of such an addition could be of no importance, where it clearly appeared that the object of the proceeding was to divest him of the power and authority which he had derived from the will in question … It provides : “In all cases when one or more persons is or are entitled to an estate for life, or years, or to an estate tail, fee simple, conditional, base or qualified fee, or any other particular, limited, or conditional

Ball v. State

347 Md. 156 · Court of Appeals of Maryland · Sep 10, 1997

State, 327 Md. 494, 505 , 610 A.2d 782, 787 (1992) (observing that “[cjourts abhor, or at least find distasteful, promises of leniency or immunity made by state agents to defendants subject to the vulnerability of custodial … The context in which this suggestion was made clearly indicates that it does not.

City of Baltimore Development Corporation v. Carmel Realty Associates

395 Md. 299 · Court of Appeals of Maryland · Nov 3, 2006

The BDC was clearly established, and is maintained, as an agent or tool of Baltimore City in order to accomplish the City’s ends or purposes. … Each director shall serve until his or her successor shall be duly elected and shall qualify.

Board of Trustees of the Employees' Retirement System v. Mayor of Baltimore City

317 Md. 72 · Court of Appeals of Maryland · Sep 1, 1989

It is, in the words of the circuit court, “merely a ‘reference’ which the Trustees may accept or reject.” *97 “[T]he State’s interest in assuring qualified legal practitioners was commensurate with the A.B.A.’s interest in … There is no doubt that, by establishing the pension systems, the City imposed contractual obligations on itself.

Maryland Agricultural Land Preservation Foundation v. Claggett

412 Md. 45 · Court of Appeals of Maryland · Dec 22, 2009

. § 2-502 (establishing the Foundation). … The court denied Claggett’s claim for damages under the doctrine of sovereign immunity and ruled that Claggett was subject to the terms of the Final Release and Chapter 498.

Baylin v. State Roads Commission

300 Md. 1 · Court of Appeals of Maryland · Jun 4, 1984

An area included within these two alternate proposals qualified as a Historic District in 1975. … In 1957 the centerline of the highway was established.

Pittway Corp. v. Collins

409 Md. 218 · Court of Appeals of Maryland · Jun 12, 2009

Instead, petitioners’ argument is that the intermediate appellate court misapplied well-established and well-recognized legal principles. … Consequently, while the negligence of Manor Inn clearly was the proximate cause of the theft of the van, it does not follow that that causal relationship continued from the moment of the theft to the moment of the impact

R.A. Ponte Architects, Ltd. v. Investors' Alert, Inc.

382 Md. 689 · Court of Appeals of Maryland · Aug 26, 2004

When Congress, in the exertion of the power confided to it by the Constitution, adopted that act, it spoke for all the people and all the States, and thereby established a policy for all. … The privileges and immunities clause requires a state to accord to citizens of other states substantially the same right of access to its courts as it accords to its own citizens....

State v. Baby

404 Md. 220 · Court of Appeals of Maryland · Apr 16, 2008

Burgess failed to clearly define the nature and limits of “rape trauma syndrome,” that she did not have an adequate basis for her opinions, and that she improperly *240 rendered an opinion that J.L. had been raped. … Burgess was highly qualified to testify as an expert witness on both “rape trauma syndrome” and post-traumatic stress disorder (“PTSD”). The State additionally argues that Dr.

Burnside v. State

459 Md. 657 · Court of Appeals of Maryland · Jul 11, 2018

Burnside’s theory of defense was clear and established at the outset of the trial, and Mr. … Finally, the trial court had before it three well-established principles that suggested that such a ruling was necessary before Mr. Burnside elected to testify or not.

Gatewood v. State

388 Md. 526 · Court of Appeals of Maryland · Aug 15, 2005

On the other hand, the cases clearly recognize that there is no such bar to a prosecuting attorney’s participation in a criminal case where the evidence fails to establish the existence of those factors assumed by the general … His three current convictions under *553 § 286 of Article 27 of the Maryland Code qualified as Category III convictions.

United Insurance Co. of America v. Maryland Insurance Administration

450 Md. 1 · Court of Appeals of Maryland · Aug 25, 2016

Thus, in discerning the General Assembly’s intent, we consult the well- established canons of statutory construction: [W]e begin with the normal, plain meaning of the language of the statute. … In John Deere, 406 Md. at 147, 957 A.2d at 599, we observed that “although we have clearly established the analysis to be used when applying a statute retroactively, this Court has only provided limited analysis of what

Maryland Reclamation Associates, Inc. v. Harford County

342 Md. 476 · Court of Appeals of Maryland · Jun 7, 1996

The bill, inter alia, would establish a minimum rubble fill size of 100 acres and a buffer zone of 1000 feet. … Clearly, a local government does not lack “all discretion” with regard to the enactment of new land-use ordinances.

Kennedy v. State

289 Md. 54 · Court of Appeals of Maryland · Nov 12, 1980

The record clearly demonstrates that he was not interrogated relative to the crimes here at issue prior to his appearance before a judicial officer. … After this statement he was offered immunity for and questioned about certain other incidents. 8:15 p.m. — Kennedy was advised by Wortman that his photograph had been identified earlier in the day by a rape victim.

Attorney Grievance v. Neverdon

473 Md. 631 · Court of Appeals of Maryland · May 28, 2021

The representative advised, though, that money spent on a headstone would qualify as an allowable deduction if the funeral expenses did not exceed $15,000. … Under these circumstances, the hearing judge’s finding of fact was not clearly erroneous.