Case law

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.

Walther v. Sovereign Bank

386 Md. 412 · Court of Appeals of Maryland · Apr 20, 2005

Fully aware that few customers will go to the time and trouble of suing in small claims court, Discover has instead sought to create for itself virtual immunity from class or representative actions despite their potential … Upon finding that a contract is adhesive, the court is required then to determine whether *453 "other factors are present which, under established legal rules — legislative or judicial — operate to render it [unenforceable

City of Frederick v. Pickett

392 Md. 411 · Court of Appeals of Maryland · Apr 19, 2006

The inclusion of the language “[bjefore the acquisition of any single family or multiple family dwelling unit, or other structure, is made under this paragraph” clearly evidences the General Assembly’s intention to grant … The action in Blumenthal arose out of legislation enacted by the General Assembly that permitted the counties and Baltimore City to establish through ordinance or resolution their own tax rate for the “recordation of instruments

State v. Norton

Court of Appeals of Maryland · Jul 9, 2015

In sum, the formalities attending the “report of blood alcohol analysis” are more than adequate to qualify [the analyst’s] assertions as testimonial. … The language “within a reasonable degree of scientific certainty, Harold Norton . . . is the major source of the biological material obtained from [the] evidence” clearly “accus[es] a targeted individual of engaging in

Santiago v. State

458 Md. 140 · Court of Appeals of Maryland · Mar 27, 2018

Additionally, the investigation established that the ignition of the Jeep Cherokee had not been tampered with which led police to the conclusion that the Jeep Cherokee must have been driven to its location by using the … Santiago’s CDRs with independent analysis clearly demonstrated that there was a sufficient factual basis for Mr. Hagy’s expert opinion testimony. Santiago, 2017 WL 347604, at *9.

In re: S.K.

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.

Smith v. State

388 Md. 468 · Court of Appeals of Maryland · Aug 12, 2005

Crandall further qualified her experience in recognizing people by stating that she was a teacher and had been studying art and painting people since childhood. Defense counsel clearly was entitled to challenge Ms. … Would a witness with hereditary backgrounds from two or more races qualify for attack as to his or her own-race bias with respect to all implicated races, the race that that the witness least identifies with, or only those

Robinson v. State

354 Md. 287 · Court of Appeals of Maryland · May 25, 1999

Civilian witnesses, ie., the victims, established that two men, both masked, were involved in the robbery. … The- test clearly is whether the statement is, or may be, inconsistent with the witness’ trial testimony, and thus usable in cross-examination.” Leonard, 46 Md.App. at 637-38 , 421 A.2d at 88-89 .

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

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.

Rush v. State

403 Md. 68 · Court of Appeals of Maryland · Jan 11, 2008

Rather, the statute clearly limits the right to appeal from an interlocutory order to the State; the defendant is free to appeal from the final judgment. … This is particularly the case when it is considered that the "at some time" qualifier applies only to appointed counsel; it does not, and the majority does not suggest that it does, apply to hired counsel.

Young v. State

388 Md. 99 · Court of Appeals of Maryland · Jul 19, 2005

We noted the General Assembly’s deletion of the words "unique” and "uniquely” from what became § 10-915 as indicating that "the Legislature clearly recognized that the odds of random matching would be at issue whenever DNA … The trial court should determine whether the witness is qualified, the appropriateness of the *120 expert's testimony, and “whether a sufficient factual basis exists to support the expert testimony.” Md. Rule 5-702.

Coyle v. State

Court of Appeals of Maryland · May 21, 2025

In other proceedings, although not required under the Act to do so, the OPD may provide representation to indigent individuals who qualify. … To establish prejudice, Mr. Coyle need not demonstrate that the petition for a writ of certiorari would have been granted.

In Re Franklin P.

366 Md. 306 · Court of Appeals of Maryland · Oct 18, 2001

Senate Bill 217 contained no such qualifying language. … The positions of the proponents and the opponents were clearly before the Legislature when it debated the two bills. Both apparently passed the Legislature; but only Senate Bill 217 was enacted into law.

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

464 Md. 26 · Court of Appeals of Maryland · Jun 6, 2019

toxicology test; or 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 … The court affirmed the trial court finding that the “father did not establish a safe and stable environment for his son.”

Schneider v. Schneider

335 Md. 500 · Court of Appeals of Maryland · Jul 18, 1994

Under the federal statute governing the priority program, the cost to a veteran of a qualifying house could not exceed $10,000. … Clearly, the answer is "yes." An agreement between a husband and wife that relates to support is expressly recognized as valid and enforceable.

Johnson v. State

Court of Appeals of Maryland · Feb 21, 2018

Blackwell, 408 Md. 677, 693 (2009) (requiring witness testifying about facts observed to be qualified as an expert if observations required specialized knowledge). … Rather, he simply read the GPS data as it appeared in the 24 company’s records, which, like the GPS report in this case, clearly stated particular dates, times, and locations

May v. Air & Liquid Systems Corp.

446 Md. 1 · Court of Appeals of Maryland · Dec 18, 2015

Supp. 3d at 770 (observing that the court in O’Neil “qualified its conclusion that the defendant . . . could not be held liable for products manufactured by third parties”); Schwartz, 2015 WL 3387824, at *10 n.58 (noting … Washington held that manufacturers had a duty to warn of exposure to asbestos where the “manufacturers manufactured the very products that posed the risk to [the plaintiff] of asbestos exposures” and where “[t]hey were clearly

ACandS, Inc. v. Godwin

340 Md. 334 · Court of Appeals of Maryland · Oct 18, 1995

Negligence that qualifies for a pejorative adjective does not satisfy the Maryland test for punitive damages. 6 Historically, the purposes of punitive damages are punishment and deterrence. … Some of the other incidents grouped under the above heading clearly relate exclusively to defendants other than the appellants.

Md. Reclamation Assoc. v. Harford Cnty.

468 Md. 228 · Court of Appeals of Maryland · Apr 24, 2020

We rejected MRA’s argument, explaining that “when there are differing opinions of two well-qualified experts and a zoning issue is fairly debatable, then the County Board could ‘quite properly’ accept the opinion of one … (“MRA IV”)) and are not germane to the issues presented in this case. 28 the State government the authority to issue permits for rubble landfills, the Express Powers Act “clearly

Abruquah v. State

483 Md. 637 · Court of Appeals of Maryland · Jul 14, 2023

(“[A]ll examiners must establish for themselves a threshold value for evaluation[.]”). … Trial judges provide jury instructions “to aid the jury in clearly understanding the case, to provide guidance for the jury’s deliberations, and to help the jury arrive at a correct verdict.” Stabb v.