Case law

South Easton Neighborhood Ass'n, Inc. v. Town of Easton

387 Md. 468 · Court of Appeals of Maryland · Jun 3, 2005

The Hospital lies within a Commercial-Medical Zoning District (“C-M Zone”) 4 , established in 1993 and last amended by Town ordinance in 1998. The Hospital’s main campus bears the address 219 South Washington Street. … We clearly have jurisdiction over the appeal as to the declaration, a final judgment. Md.Code (1973, 2002 Repl.Vol.) § 12-301 of the Cts. and Judicial Proceedings Article.

Attorney General v. Equitable Trust Co.

294 Md. 385 · Court of Appeals of Maryland · Oct 6, 1982

In a given case the continued charging of interest to the *420 matured balance would clearly be subject to the § 306 (b) reduced rate requirements. Section 306 (c) deals with refinancing of loans. … The qualifier "possibly” was likely inserted because the court did not complete the analysis on the alternative theory.

Eanes v. State

318 Md. 436 · Court of Appeals of Maryland · Feb 8, 1990

Moreover, our opinion in Diehl clearly rejected the idea that loudness alone, regardless of content, was prohibited by § 121. … “The State’s evidence failed to establish that Diehl’s conduct, under the circumstances here, was unlawful under this first portion of § 121.”

Lawson v. State

389 Md. 570 · Court of Appeals of Maryland · Nov 28, 2005

The point at issue is whether the social worker interviewing Nigha as a result of a police notification qualifies as an offeror of the statements in court under C.P. § 11 — 304(c)(4). … Be that as it may, our cases clearly establish that corroboration evidence is not necessary when the victim testifies. See Green v. State, 243 Md. 75, 80 , 220 A.2d 131, 135 (1966); Johnson v.

Blackstone v. Sharma

461 Md. 87 · Court of Appeals of Maryland · Aug 2, 2018

If Petitioners’ approach had any merit, a family that finances its children’s education would qualify as a savings and loan association: the parents save, the kids get loans, and they are all associated – presto, a “savings … But they come clearly within the plain language that the General Assembly enacted to respond to that concern.

Bartholomey v. State

260 Md. 504 · Court of Appeals of Maryland · Feb 2, 1971

Jackson established no new test for determining the validity of guilty pleas. … As we have seen, this was clearly not the situation in the present case. 7.

McGhie v. State

449 Md. 494 · Court of Appeals of Maryland · Aug 24, 2016

I spent a tenure of five years on- the-job training with the FBI and also with the Baltimore City Firearms Laboratory before becoming court-qualified. … We have also held that government officers may not waive conditions precedent in sovereign immunity cases. See State v.

Nationstar Mortgage v. Kemp

476 Md. 149 · Court of Appeals of Maryland · Aug 27, 2021

These provisions clearly focus on persons who originate (or are about to originate) a loan. … Other parts of the Usury Law, however, clearly regulate conduct that occurs later in the life of the loan. They also use the term “lender.”

Goldsborough v. De Witt

171 Md. 225 · Court of Appeals of Maryland · Jan 12, 1937

The facts of this case are unusual, but the principles of law which must control are well established. … In the light of these principles, the court does not find facts *263 by which any breach of duty by the executors is established.

Hunt v. State

474 Md. 89 · Court of Appeals of Maryland · Jun 7, 2021

Such actions were clearly the exercise of due diligence. . . . Did these actions require some Herculean effort? No. … State, 349 Md. 587, 709 A.2d 1194 (1998), a Rule 4-331(c) case, we said that to “qualify as ‘newly discovered,’ evidence must not have been discovered, or been discoverable by the exercise of due diligence, within ten days

Md. Office of People's Counsel v. Md. Pub. Serv. Comm'n

461 Md. 380 · Court of Appeals of Maryland · Aug 29, 2018

The statute establishing the Commission preceded the APA and the APA provision concerning judicial review was enacted just two years after enactment of the current version of the judicial review provision in the Commission … ) -7- speculative” and “too intangible to qualify as a benefit” to ratepayers under PU § 6-105.

Small v. State

464 Md. 68 · Court of Appeals of Maryland · Jun 24, 2019

Petitioner’s tattoo was prominently visible, and it clearly depicted a cursive-script “M.” … Clearly, one fact may give rise to multiple inferences. See Manson, 432 U.S at 115, 97 S.

Reid v. State

428 Md. 289 · Court of Appeals of Maryland · Aug 24, 2012

the circumstances that these particular officers were not asking that question for some sort of investigatory term, certainly I would find at that point in time, they would have had a right to frisk him, I think it was clearly … These facts are not sufficient to establish probable cause under our jurisprudence. More particularly, in Bost v.

Attorney Grievance v. Slate

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.

Smith v. State

423 Md. 573 · Court of Appeals of Maryland · Nov 29, 2011

Vincent DiMaio, M.D., also called by the defense, qualified as an expert in forensic pathology. He is the editor-in-chief of the periodical, Gunshot Wounds. In Dr. … Probative value is “the tendency of evidence to establish the proposition that it is offered to prove.” McCormick, § 185, at 774.

Attorney Grievance Commission v. Alston

428 Md. 650 · Court of Appeals of Maryland · Sep 25, 2012

“[W]e accept the hearing judge’s findings of fact as prima facie correct unless shown to be clearly erroneous.” Att’y Griev. Comm’n v. … As neither the Commission nor Respondent has excepted to the hearing judge’s finding of facts, which are not clearly erroneous, the factual findings are “established for the purpose of determining appropriate sanctions.”

Giffin v. Crane

351 Md. 133 · Court of Appeals of Maryland · Sep 8, 1998

"Q: But the literature clearly recognizes the significance of that developmental factor that you were just talking about— "A: Oh, yes. … This is a far cry from establishing a preference or presumption based on gender. Elza v.

Harford County v. Saks Fifth Avenue Distribution Co.

399 Md. 73 · Court of Appeals of Maryland · Apr 17, 2007

The petitioners clearly were paid twice for the same taxes and do not argue otherwise. Nor do they dispute that refunds, which they both voluntarily paid, were due Saks. … "It is established as a general principle that only a party aggrieved by a court’s judgment may take an appeal and that one may not appeal or cross-appeal from a judgment wholly in his favor,” Montrose Christian School Corp

Harper v. Higgs

225 Md. 24 · Court of Appeals of Maryland · May 4, 1961

That principle was clearly laid down in Sun Cab Co. v. Faulkner, 163 Md. 477 (1932), a case which has been repeatedly cited and followed. I think the Court should have directed a verdict in favor of Mrs. Harper. … If he had been allowed to reconstruct the accident from the observed physical facts, as he was qualified to do (cf. Acme Poultry Corp. v.

Allied Vending, Inc. v. City of Bowie

332 Md. 279 · Court of Appeals of Maryland · Oct 29, 1993

The sponsor also pointed to a study of United States high school students in 1985 that "clearly establishes the link between smoking and illicit drug use among the pack-a-day smokers." … in regular course for the establishment.