Case law

Washington v. State

450 Md. 319 · Court of Appeals of Maryland · Nov 1, 2016

The Circuit Court dismissed the petition without a hearing on December 14, 2015 because it concluded that Washington did not have standing to file a petition under CP § 8-201(b). 2 The court reasoned that in order to qualify … Comparing New York's statute to Alaska's, the court reasoned that this standard was less stringent than Alaska's requirement that DNA evidence would **338 "clearly and convincingly" or "conclusively" establish the petitioner's

Sibug v. State

445 Md. 265 · Court of Appeals of Maryland · Nov 25, 2015

We also held that though the judge had a sua sponte duty to evaluate Wood’s competency “if there was a bona fide doubt created by evidence on the record” there was not sufficient evidence on the record to establish such a … Upon such a motion or upon a similar motion in behalf of the accused, or upon its own motion, the court shall cause the accused * * * to be examined as to his mental condition by at least one qualified psychiatrist, who shall

In re: Adoption/G'ship of C.E.

460 Md. 572 · Court of Appeals of Maryland · Aug 13, 2018

B. upon the birth of the child, the child tested positive for a drug as evidenced by a positive toxicology test; and 2. the mother refused the level of drug treatment recommended by a qualified … It is clearly in C.E.’s best interest to be in the safety and care of Mr. and Ms. B., given his historically negative relationship with Mother.

Knight v. Princess Builders, Inc.

393 Md. 31 · Court of Appeals of Maryland · May 17, 2006

In 1777, the General Assembly enacted the first statute establishing orphans’ courts in the counties for the probate of estates, both testate and intestate. 1777 Md. Laws, Chap. 8. … Knight clearly recognized that Princess Builders had an interest in the Orphans’ Court proceedings because they served the company with copies of their pleadings.

McNeil v. State

356 Md. 396 · Court of Appeals of Maryland · Oct 19, 1999

Our colonial and early Statehood tradition, therefore, clearly subjected the male customers of women who would now be (and likely were then) regarded as prostitutes, to criminal sanctions. … An entreaty, or offer, by a potential customer also qualifies as an accosting for some immoral purpose.

Velicky v. The CopyCat Building LLC

476 Md. 435 · Court of Appeals of Maryland · Dec 2, 2021

Under these definitions, residential tenants who lease real property qualify for protection under the MCPA. See Golt v. … We determined that the value of the right to possession clearly exceeded $12.95.

Smith v. State

Court of Appeals of Maryland · Aug 26, 2022

Finally, the State contends that Smith failed to create a detailed enough record to establish inherent prejudice. … App. 1994) (“Clearly, the bailiff, in his capacity as attendant to the judge, is an extension of the court.”).

Johnston v. Schmidt

158 Md. 555 · Court of Appeals of Maryland · Mar 12, 1930

The last will was probated on February 11th, 1924, and the daughter qualified as executrix and proceeded in the settlement of the estate, in accordance with the terms of the will. … Collins, 94 Md. 409 , clearly make this discrimination, will appear from reference to them; and the recent Berry Will Case, 93 Md. 579 -580, confirms this discrimination. * * 'x' In this case the basis is insufficient because

Reinstatement of Cooke

425 Md. 652 · Court of Appeals of Maryland · Apr 25, 2012

That was clearly so when the Consent was executed: to establish the allegations, Bar Counsel would have had only to produce a certified copy of the judgment of conviction. See Maryland Rule 16-771(g). … Clearly, Rule 16-771(c) has no applicability to disbarments and definitely not those to which consent has been given.

State v. Colvin

314 Md. 1 · Court of Appeals of Maryland · Oct 14, 1988

Defense counsel did not present at the sentencing hearing any proof designed to establish mitigating circumstances. … Under subsection (e)(1) "person" includes "only a principal in the first degree" when used in § 413 "unless a contrary meaning is clearly intended from the context in which the term appears[.]"

Holmes v. State

401 Md. 429 · Court of Appeals of Maryland · Sep 21, 2007

[COUNSEL FOR THOMAS]: Would you like me to qualify them now, Your Honor? [COURT]: Please. [COUNSEL FOR THOMAS]: Now, I’m going to ask you all the same questions. If you don’t understand the question, raise your hand. … The State clearly described a robbery with a dangerous weapon; in fact, making specific reference to the use of the “pellet gun” in the course of the “robbery.”

Vigna v. State

470 Md. 418 · Court of Appeals of Maryland · Aug 18, 2020

To accept that contention would be to render such evidence immune to exclusion or limitation under Rule 5-403. We reject that assertion. … Assuming that the proffered evidence does qualify as a character trait, it was not pertinent.

Hudson v. State

286 Md. 569 · Court of Appeals of Maryland · Dec 21, 1979

The court denied the request for a postponement, noting that Sellman was “a perfectly competent and qualified defense attorney,” who, the court assured Hudson, would “do his usual good job of offering you whatever defense … Although the evidence as proffered was disputed in certain respects by Hudson, see supra, the court, as we have indicated, found that it established a sufficient factual basis and accepted the pleas.

Turenne v. State

488 Md. 239 · Court of Appeals of Maryland · Aug 16, 2024

When a term is not defined, we must determine what the term means, applying Maryland’s well-established rules for statutory interpretation. … The elements of child sexual abuse are well-established. Md. Code Ann., Crim. Law (2002, 2021 Repl.

Taylor v. State

381 Md. 602 · Court of Appeals of Maryland · Jun 10, 2004

There, the defendant, Menna, after being granted immunity for his testimony, was charged with contempt of court for refusing to answer questions in a grand jury proceeding investigating a murder and for failing to obey a … As the transcript of September 11, 2001, illustrates, petitioner clearly wanted no delay in the trial.

Barrie School v. Patch

401 Md. 496 · Court of Appeals of Maryland · Oct 5, 2007

Liquidated damages provisions are not immune to this general rule. John Cowan, Inc. v. Meyer, 125 Md. 450, 462-63 , 94 A. 18, 21 (1915). … Thus, the purpose of a liquidated damages clause is to establish a fixed sum as the amount of damages for a breach of contract as to which damages cannot be ascertained easily.

Merrick v. State

283 Md. 1 · Court of Appeals of Maryland · Jun 20, 1978

But *17 there is no indication that he was a paid police informer. [12] Further, his indictment, prosecution, conviction and sentence, see note 1 supra, show that immunity was not involved and indicate that he had not been … But, as stated quite clearly in Aguilar , credibility is not the sole determinant of the trustworthiness of an informant's statement.

Attorney Grievance v. Kane

Court of Appeals of Maryland · Aug 26, 2019

Kane established that he was current on his plan payments. … The record clearly demonstrates that Mr.

Sinclair v. State

278 Md. 243 · Court of Appeals of Maryland · Sep 14, 1976

These decisions seem to suggest what we think is the controlling principle of this case: if a prosecutor has, or would clearly appear to a reasonable person having knowledge of the pertinent facts to have, any pecuniary interest … this Court held that an accused is entitled to have an indictment quashed if an unauthorized person appeared before the grand jury, we specifically stated that he could do so irrespective of whether the defendant could establish

In re: G.R.

463 Md. 207 · Court of Appeals of Maryland · Apr 1, 2019

The Court turned to the dictionary definition of “direct” establishing it as meaning “stemming immediately from a source, [as in direct] result ... proceeding from one point to another in time or space without deviation … Any attempt by a court to craft a proximate causation, mere nexus, or single charging document substitute would be clearly contrary to the plainly-worded intent of [CP] § 11–603. 384 Md. at 61.