Case law

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.”

Patuxent Institution Board of Review v. Hancock

329 Md. 556 · Court of Appeals of Maryland · Mar 12, 1993

Adding "and he has never been apprised of what the conditions of his parole would be," clearly gave its comment context and meaning. … Before the Court of Special Appeals, the respondent presented five issues, three of which clearly implicate the adequacy of the notice he received: 1.

Conyers v. State

354 Md. 132 · Court of Appeals of Maryland · May 17, 1999

Indeed, the record clearly demonstrates that the jury was properly instructed on every point it needed for its deliberations. … Appellant’s second claim is that Maryland’s death penalty statute is facially unconstitutional because (1) it requires the defendant to establish mitigating circumstances; (2) it requires the defendant to establish that non-enumerated

Schaefer v. Miller

322 Md. 297 · Court of Appeals of Maryland · Mar 26, 1991

Actual malice, being a state of mind, can obviously be inferred from other facts, such as statements or actions which clearly indicate ill will. See, e.g., Sawyer v. … Clearly there was no showing of actual malice in this case. Therefore, under Davis v. Gordon , punitive damages would not be recoverable.

Mercer v. Thomas B. Finan Center

476 Md. 652 · Court of Appeals of Maryland · Dec 17, 2021

And when you reviewed the document, you very clearly indicated to Ms. … In other words, the plain language of HG § 10- 708(i)(4)(ii) establishes that the right to counsel exists where an individual requests counsel.

Woodlin v. State

Court of Appeals of Maryland · Jul 26, 2023

Under CJP § 10-923, the State may introduce evidence of prior sexually assaultive behavior involving different victims to help establish credibility in qualifying sexual assault cases. … See Thompson, 412 Md. at 503–04 (acknowledging and discussing the rule established in Vogel).

Attorney Grievance Comm'n of Md. v. Slate

457 Md. 610 · Court of Appeals of Maryland · Mar 2, 2018

This Court determines whether clear and convincing evidence establishes that a lawyer violated an MLRPC. See Md. … Under these circumstances, we cannot conclude that the applicant did not possess a sufficient degree of candor to qualify for admission to the Bar.

Lewis v. Department of Natural Resources

377 Md. 382 · Court of Appeals of Maryland · Oct 10, 2003

The only way to build any impervious *393 structure ... is to apply and qualify for a variance under local zoning ordinances.” White, 356 Md. at 36-38 , 736 A.2d at 1075-76 (footnotes omitted). … Jones, 372 Md. 172, 182-85 , 812 A.2d 312, 318-20 (2002), where we said: “Almost a half-century ago, in a case involving a denial of a use permit, we stated: ‘It is a clearly established rule in the law of zoning that a court

Turner v. Brocato

206 Md. 336 · Court of Appeals of Maryland · Oct 1, 1973

We cannot say he was clearly wrong in finding no actual notice. … In an action for an injunction this Court found that the written contract, although not expressly so providing, was clearly for the benefit of the hotel.

Carver v. State

482 Md. 469 · Court of Appeals of Maryland · Dec 20, 2022

In Hunt, this Court described what qualifies as “newly discovered evidence” within the context of Maryland Rule 4-331(c), which is equally applicable to actual innocence proceedings under Crim. … In my view, this was clearly erroneous. The circuit court did not explain how, under any realistic assessment of what actually transpired at trial, Mr.

Haley v. State

398 Md. 106 · Court of Appeals of Maryland · Mar 21, 2007

Defense counsel asserted as follows: “Obviously if we' can establish that Mr. Haley and Mr. Singer knew each other through these things[ 7 ] because already Mr. … Credibility was a central issue in this case; the improper questions were clearly prejudicial. III.

Creel v. Lilly

354 Md. 77 · Court of Appeals of Maryland · May 12, 1999

For this purpose, the Court will appoint two qualified, disinterested appraisers to make an appraisal of the firm’s assets and upon the filing with the Court of such appraisals and the final accounting ... the Court will … We only turn to UPA and its liquidation rule if there is no other option, and such is clearly not the case here.

American Trucking Associations, Inc. v. Goldstein

312 Md. 583 · Court of Appeals of Maryland · May 31, 1988

Along with two individual trucking companies, A.T.A. was certified by the circuit court as the class representative of “all non-Maryland interstate motor carriers” that are subject to the marker tax established by § 423(a … Consequently, in requesting an injunction against such future enforcement of the marker fee statute, the plaintiffs clearly did not seek retrospective relief in any recognized sense of that term.

Smigiel v. Franchot

410 Md. 302 · Court of Appeals of Maryland · Aug 26, 2009

That is, it provides that although the act under consideration has passed both Houses and has been signed by the Governor, it shall not become a law unless a majority of the qualified voters of the State approve it. … The record establishes that Mr. Addison was at his home and lived some distance away from his office in Annapolis. Thus, he requested that his counterpart in the House, Ms.

Department of Public Safety & Correctional Services v. Doe

439 Md. 201 · Court of Appeals of Maryland · Jun 30, 2014

It is well established that this Court has discretion to limit certiorari review. See Md. Rule 8-303(f) (disposition of petition for certiorari); Jones v. … The Missouri Supreme Court subsequently qualified its holding, noting that Missouri’s registration statute specifically includes and “applies] to any person who ‘has been’ required to register as a sex offender pursuant to

In Re Formal Inquiry Concerning Judge Foster

271 Md. 449 · Court of Appeals of Maryland · Apr 29, 1974

The new judge made inquiry of the committee as to “whether he could continue as such in an advisory capacity but still as a director after he qualified.” … The facts in this case clearly indicate, as pointed out earlier, that Mr.

In Re Criminal Investigation No. 1/242q

326 Md. 1 · Court of Appeals of Maryland · Mar 13, 1992

Clearly the instant case does not fit within the "legal advice" exception. The criminal charges and forfeiture case for which Mr. Murphy was retained have been terminated. … Another was stated in In re Shargel: It seems evident to us that a broad privilege against the disclosure of the identity of clients and of fee information might easily become an immunity for corrupt or criminal acts.

Baltimore & Ohio Railroad v. Rodeheaver

197 Md. 632 · Court of Appeals of Maryland · May 17, 1951

The appellant posted bulletins advertising for a man qualified to do this work. Mr. … be found to be a cause of the accident, but just as clearly the speed of the train had nothing to do with it.

Mizen v. Thomas

156 Md. 313 · Court of Appeals of Maryland · Jan 17, 1929

By the decisions of this court the respective interests of mortgagor and mortgagee have been frequently and clearly defined. In Ford v. … One is that there is no evidence that they were ever able to redeem the property, and such inferences as may be drawn from the established facts indicate that they were not.

Cole v. State Farm Mutual Insurance

359 Md. 298 · Court of Appeals of Maryland · Jun 14, 2000

Cole’s death “in no way qualified as an ‘accident’ within the context of the [her] automobile insurance policy.” ANALYSIS I. … The court concluded that although substantial evidence existed establishing that Mr. Hawkins severely abused Ms.