Case law

Attorney Grievance Commission v. Zakroff

387 Md. 603 · Court of Appeals of Maryland · Jun 23, 2005

In our review of the record, “[t]he hearing judge’s findings of fact will be accepted unless we determine that they are clearly erroneous” .... … Based on this testimony, we cannot say that the hearing court was clearly erroneous in finding that Ms.

Gross v. State

Court of Appeals of Maryland · Aug 26, 2022

Petitioner asks us to recognize Younie 8 Because the State has not asked us to review the Court of Special Appeals’ determination that the June video did not qualify as a prior consistent statement under … Clearly, the State hoped and intended that the video would contribute to a guilty verdict even though there was other evidence on which the jury could have convicted Mr. Gross.

Mayor and Council of Rockville v. Rylyns Enterprises, Inc.

372 Md. 514 · Court of Appeals of Maryland · Dec 31, 2002

A mere reading clearly shows that the statute changed substantively in 1975. … By doing so it summarily deletes the qualifying language that requires the “or” in the first place.

Carter, Bowie, McCullough v. State

461 Md. 295 · Court of Appeals of Maryland · Aug 29, 2018

established.” … Smith, 892 N.W.2d 52, 66 (Neb.), cert. denied, 138 S.Ct. 315 (2017) (46 years without eligibility for parole not long enough to qualify as life without parole); Ira v.

Lewis v. State

398 Md. 349 · Court of Appeals of Maryland · Apr 12, 2007

Additionally, the State postured that the plastic bag of marijuana provided the officers with probable cause to arrest Lewis and, therefore, the subsequent search of his vehicle qualified as a search incident to an arrest … Cartnail challenged the validity of the traffic stop, and we agreed, holding that the suppression hearing record “fails to establish that a reasonable and prudent police officer would have reasonable suspicion to stop Petitioner

Admin. Off. of the Courts v. Abell Fnd.

480 Md. 63 · Court of Appeals of Maryland · Jul 28, 2022

In the Maryland Public Information Act (“PIA”), the General Assembly has established a policy that public records that are clearly disclosable should be made available for public inspection without unnecessary cost or delay … In the PIA, the General Assembly has established a policy that public records that are clearly disclosable should be made available for public inspection without unnecessary cost or delay.

Brady v. State

291 Md. 261 · Court of Appeals of Maryland · Sep 14, 1981

Spoonhunter, 476 F.2d 1050, 1057 (10th Cir.1973), the Court said that "[t]he mere passage of time does not, per se, establish an unconstitutional denial of a right to speedy trial." b. … He presumably was qualified to answer the questions and to make the statement. For the life of me I cannot see how one can find actual prejudice here.

Treece v. State

313 Md. 665 · Court of Appeals of Maryland · Oct 11, 1988

Indefinite commitment followed only upon establishment of the prerequisites therefor by the State and by clear and convincing evidence. … L.Q. 295 , 312-318 (1988); Singer, “The Imposition of the Immunity Defense on an Unwilling Defendant," 41 Ohio St.

Lambdin v. Dantzebecker

169 Md. 240 · Court of Appeals of Maryland · Nov 6, 1935

That phrase follows immediately the grant of power, and the appellants contend that it qualifies and limits that power, but has no other effect, and certainly does not amount to a reservation of a power of revocation. … No point was made of that circumstance, however, either in this or in the trial court, and if it clearly appears that in signing the paper Mrs.

Bowie v. State

324 Md. 1 · Court of Appeals of Maryland · Sep 11, 1991

Yet another of appellant’s companions, Shaun Harris, who testified on behalf of the State in return for use and derivative use immunity, was a short distance away, *6 with Christian Bowie, appellant’s sister, in the truck … Not surprisingly, therefore, appellant sought, through cross-examination, to discredit the State’s witnesses and, thereby, establish the proverbial reasonable doubt.

Criminal Injuries Compensation Board v. Gould

273 Md. 486 · Court of Appeals of Maryland · Jan 16, 1975

S. 254 (1970), the Court held that welfare benefits were a matter of “statutory entitlement for persons qualified to receive them,” and procedural due process was applicable to the termination of such benefits. Mr. … Its attempt to redetermine his status was clearly erroneous as a matter of law.

Montgomery County v. Butler

417 Md. 271 · Court of Appeals of Maryland · Dec 16, 2010

Butler established her business without obtaining the requisite special exception first. … In addition to qualifying the application of the presumption of compatibility in a given special exception application, the County Code supplies definitions for “inherent adverse effects” and “non-inherent adverse effects

Rent-A-Car Co. v. Globe & Rutgers Fire Insurance

158 Md. 169 · Court of Appeals of Maryland · Jan 8, 1930

Again, the defendant relies upon the phrase “loss, if any, payable, as interest may appear, to- assured and Rent-A-Car Co.,” to qualify tbe promise of the defendant that it “does insure the assured named herein.” … So, the evidence in this case establishing that the mortgagor wilfully and corruptly set fire to the subject of the insurance, the mortgagor can not recover for his loss. Maryland Fire Ins. Co. v.

Reier v. State Department of Assessments & Taxation

397 Md. 2 · Court of Appeals of Maryland · Feb 5, 2007

Terminations clearly are included as a form of “disciplinary action” under § 11-104(6), along with the full comphment of lesser actions. … Reviewing the assessments of recently sold properties is of particular importance to qualify control because it provides a market-based appraisal of the accuracy of the SDAT's assessment methods and valuations. 8 .

State v. Smith

443 Md. 572 · Court of Appeals of Maryland · Jul 13, 2015

Id. at 680; see also Gregg, 409 Md. at 715 (CP § 8–201 is remedial because it “improves the existing remedy by making it easier for qualifying petitioners to establish entitlement to such testing”); Matthews, 415 Md. at … petitioners to establish entitlement to such testing.”

Burak v. Burak

455 Md. 564 · Court of Appeals of Maryland · Aug 29, 2017

I find she clearly took the drugs voluntarily. In fact, her husband was sending her some research on some of these drugs. … And then, the statute clearly states that the amount of the new child *611 support can only begin from the date of filing.

In Re Joseph N.

407 Md. 278 · Court of Appeals of Maryland · Feb 19, 2009

There would be months to establish an emotional attachment between Mr. E. with Joseph while the child was in Mr. E.’s provisional custody. … The appeals are clearly moot and, ordinarily, would be dismissed on that ground. Id. at 444 , 745 A.2d at 415 .

1995 CORVETTE VIN 1G1YY22P585103433 v. Mayor and City Council of Baltimore

353 Md. 114 · Court of Appeals of Maryland · Feb 23, 1999

prosecutor elects to waive an indictment, and to file a civil information against the claimants,—that is, civil in form,—can he by this device take from the proceeding its criminal aspect and deprive the claimants of their immunities … "It would have been quite remarkable for this Court both to have held unconstitutional a well-established practice, and to have overruled a long line of precedent, without having even suggested that it was doing so.”

Thornton v. State

465 Md. 122 · Court of Appeals of Maryland · Aug 6, 2019

To hold otherwise, the court explained, “would virtually immunize a defendant from prosecution for all crimes he might commit that have a sufficient causal connection to the police misconduct.” … Owens’s attempted flight from and battery of the officers, the record clearly indicates that the decision to arrest [Mr.]

Zaal v. State

326 Md. 54 · Court of Appeals of Maryland · Mar 16, 1992

The issue, quite clearly, was one of credibility. The Petitioner subpoenaed the victim’s educational records in order effectively to cross-examine her concerning her motivation, bias, and veracity. … Thus, if a custodian discloses pursuant to court order, the custodian is immune.