Case law

Hammond v. Lancaster

194 Md. 462 · Court of Appeals of Maryland · Feb 9, 1950

On the other hand, the Supreme Court cases clearly indicate that it is beyond our power to adjudicate constitutional issues at the instance of taxpayers not directly affected. … That purpose is to assure the voters that those whose names appear on the ballots or in the voting machines are, at least, prima facie qualified for the offices they seek.

Damasiewicz v. Gorsuch

197 Md. 417 · Court of Appeals of Maryland · Mar 16, 1951

Physicians of today would have less trouble with the problem, but apart from this, the right to bring an action is clearly distinguishable from the ability to prove the facts. … The hundreds of judges of state courts of last resort are neither chosen nor qualified to assume legislative power over every question of law which has not been expressly decided in their own state.

Walker v. State

406 Md. 369 · Court of Appeals of Maryland · Oct 24, 2008

Do you want to qualify Mr. Walker on the— [COUNSEL FOR WALKER]: Yes, Your Honor. [THE COURT]:—on the not guilty agreed statement of facts. [COUNSEL FOR WALKER]: Mr. … The record is absent of any discussion specifically establishing the extent, if any, of Walker's jury trial experience.

State v. Goldberg

437 Md. 191 · Court of Appeals of Maryland · Feb 26, 2014

As established further in Muskin, “[g]round rent leases, established through transactions consummated many years ago, create rights and obligations for ground rent owners and leaseholders.” … All that can be clearly gleaned from Muskin is that the contractual right to receive ground rent and the reversionary interest if the leaseholder fails to renew–not re-entering upon default–are vested rights that cannot

Attorney Grievance v. Dailey

474 Md. 679 · Court of Appeals of Maryland · Jul 23, 2021

This Court determines whether clear and convincing evidence establishes that a lawyer violated a rule of professional conduct. See Md. … Therefore, “[i]f the hearing judge’s factual findings are not clearly erroneous and the conclusions drawn from them are supported by the facts found, exceptions to conclusions of law will be overruled.”

In re: Adoption/G'ship of H.W.

460 Md. 201 · Court of Appeals of Maryland · Jul 16, 2018

The juvenile court’s factual findings are left undisturbed unless they are clearly erroneous. … 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

In Re Adoption/Guardianship No. 6Z000045

372 Md. 104 · Court of Appeals of Maryland · Dec 10, 2002

Although some uncertainty had existed about the identity of Nakera’s father, paternity proceedings eventually established that Lawoe N. (hereinafter “Mr. N”) was the biological father. … Maryland, too, has declared a parent’s interest in raising a *116 child to be so fundamental that it ‘cannot be taken away unless clearly justified.’ Boswell v.

In re: S.K.

466 Md. 61 · Court of Appeals of Maryland · Aug 28, 2019

The male’s identity and age were not established in the testimony at the adjudication hearing although A.T. testified that she knew him. … Quite clearly, the term “person” encompasses both minors and adults.

Romani v. Harris

255 Md. 389 · Court of Appeals of Maryland · Nov 5, 1969

In any event the evidence does not establish to my satisfaction that Mrs. Romani deposited any money. … Had Judge Grady found as a fact that she had paid $100 on account of the picture I might have difficulty concluding that such a finding was clearly erroneous.

State v. Fowler

259 Md. 95 · Court of Appeals of Maryland · Jul 17, 1970

It should be kept in mind also that the police officers involved in the present case were seasoned, well-qualified and highly regarded officers. … Miranda clearly contemplates that an accused may make a valid waiver of his rights without the presence or aid of counsel.

State v. Thomas

328 Md. 541 · Court of Appeals of Maryland · Dec 9, 1992

The post conviction court reasoned that "[i]f your own expert says I'll hurt, then it is absurd to suggest that an independent qualified expert is going to find something that will help." … Counsel testified very clearly and, indeed, emphatically, that, had he been aware of the nature of the evaluation Dr. Spodak would do and for whom Dr.

Attorney Grievance Commission v. Camus

425 Md. 417 · Court of Appeals of Maryland · Apr 23, 2012

No exceptions to the findings of fact have been filed, and we accept them as established for purposes of this proceeding. See Maryland Rule 16 — 75 9(b)(2). 3 . According to Ms. … It is not entirely clear whether the judge’s use of a qualifying adverb was based on the fact that Ms.

Maryland Department of Environment v. Anacostia Riverkeeper

447 Md. 88 · Court of Appeals of Maryland · Mar 11, 2016

EPA, 808 F.3d 556, 579 (2d Cir. 2015) (“But EPA’s narrative WQBEL [water-quality based effluent limitation] does not qualify as a BMP, as it is neither a practice nor a procedure.”). … The EPA established the Bay TMDL in December 2010. See Am.

B. F. Saul Co. v. West End Park North, Inc.

250 Md. 707 · Court of Appeals of Maryland · Oct 2, 1968

Clearly, protection for the vast majority of the public who fall into'this category is needed *721 and can best be achieved by the disclosure statement required by § 10, which puts them on notice as to the rate and amount … In other words § 1(B) (6) must be read in harmony with §§ 1(B) (1) through 1(B) (5) and not as qualifying the items exempted from interest therein. McConihe v. Comptroller, 246 Md. 271, 275 , 228 A.2d 432, 434 (1967).

State v. Kramer

318 Md. 576 · Court of Appeals of Maryland · Feb 13, 1990

Former subsection (b), present subsection (c), deals with the defense of sovereign immunity. … where the accident occurred was 55 miles per hour and that it had been posted as such for over a year. [1] The trial judge did, in fact, give a comprehensive instruction to this effect. [2] Of course, if the defendant, who clearly

Attorney Grievance Commission v. Dusen

443 Md. 413 · Court of Appeals of Maryland · Jun 23, 2015

Facts The hearing judge’s fact findings are uncontested and we treat them as established. Maryland Rule 16-759(b)(2)(A). … Stouter was qualified by the hearing judge as an expert in professional counseling. Mr. Stouter diagnosed Mr.

Beckwitt v. State

477 Md. 398 · Court of Appeals of Maryland · Jan 28, 2022

The Act of 1774 does not clearly indicate what the standard of liability was then supposed to be, perhaps for the reason I have explained. … The Court determined that those facts, along with others, clearly demonstrated an extreme indifference to human life. See id. at 121.

Shriner v. Mullhausen

210 Md. 104 · Court of Appeals of Maryland · May 8, 1956

Section (c) of that Section provides: "Every driver of a vehicle shall come to a full stop at such sign or at a clearly marked stop line before entering an intersection and yield the right of way to vehicles approaching on … In granting the favored driver on an ordinary public highway the same privileges and immunities, in relation to one coming from a private road, as a driver on a boulevard has in relation to drivers entering the boulevard,

State v. Jordan

480 Md. 490 · Court of Appeals of Maryland · Aug 15, 2022

And although 26 her denial clearly did not provide the jury with reasonable doubt that she struck Mr. … Harried, which is a far cry from providing evidence tending to establish her guilt. See Fuentes v.

Poole Engineering & MacHine Co. v. Swindell

161 Md. 571 · Court of Appeals of Maryland · Jan 14, 1932

No, I don’t think that was'ever fully established by us. We had nothing to do with that part of the game. Q. … In the letter of April 30th Poole clearly recognized that the “job” was “experimental and development work,” and Davison in his letter to Shoemaker emphasizes that. .