Case law

Kusi v. State

438 Md. 362 · Court of Appeals of Maryland · May 19, 2014

In particular, I do not believe that an “abuse of discretion” standard need be overlaid on the “clearly erroneous” standard that the Court also applies. … The relevant statute and rule require the appointment of an interpreter for a defendant in specified circumstances. 1 In particular, the relevant statute provides, in pertinent part: (a) The court shall appoint a qualified

Kirsch v. Prince George's County

331 Md. 89 · Court of Appeals of Maryland · Jun 25, 1993

Bernalillo County Assessor, 472 U.S. 612 , 105 S.Ct. 2862 , 86 L.Ed.2d 487 (1985), a qualified Vietnam veteran and his wife who established residency in New Mexico in 1981 *101 applied for a tax exemption in 1983 under a … Such a result would be clearly impermissible.” Id. at 64 , 102 S.Ct. at 2315 , 72 L.Ed.2d at 680 . B.

Douglas v. Friedel, Exec.

216 Md. 11 · Court of Appeals of Maryland · Mar 3, 1958

Friedel (Friedel) as executor, was admitted to probate on July 11, 1955; and Friedel duly qualified as such on that date. … We therefore conclude the action of the trial court was clearly justified and well within the exercise of its sound discretion. Order affirmed, with costs.

McCree v. State

441 Md. 4 · Court of Appeals of Maryland · Dec 18, 2014

We decline to disregard this well-established rule. … Under the last antecedent rule, “a qualifying clause ordinarily is confined to the immediately preceding word or phrase[.]” Davis v.

Maryland Committee for Fair Representation v. Tawes

229 Md. 406 · Court of Appeals of Maryland · Sep 25, 1962

Mary’s County was established in 1634 contemporaneous with the establishment of the proprietary government, probably on the model of the English shire, associated with the important office of sheriff. 1 Scharf, supra, p. … Indeed, Kent County had been established by Claiborne before the landing of the Marylanders and he established New Kent County in Virginia after he was ousted from Maryland vi et armis by the Calverts.

Drews v. State

224 Md. 186 · Court of Appeals of Maryland · Jan 18, 1961

There is no direct statement in the record that the Park is a place of public resort or amusement but we think the evidence clearly permitted the finding the trial court made that it is. … , notifies the Negro of the policy and orders him to leave the premises, the calling in of a peace officer to enforce the proprietor’s admitted right would amount to deprivation by the state of any rights, privileges or immunities

Ridgely v. State

75 Md. 510 · Court of Appeals of Maryland · Mar 16, 1892

This objection was sustained, and we think rightly sustained, for the testimony excluded was clearly hearsay and irrelevant. … under what circumstances evidence should he admitted or rejected when offered out of the proper order,” in the absence of any rule of Court upon the subject, is in the discretion of the trial Judge, “as the tribunal best qualified

Evans v. State

304 Md. 487 · Court of Appeals of Maryland · Nov 12, 1985

Sibert of the Federal Bureau of Investigation was qualified as a firearms identification expert. … Each murder was clearly a separate offense.

Arbogast, Exec. v. MacMillan

221 Md. 516 · Court of Appeals of Maryland · Feb 23, 1960

On the contrary, these facts do not even raise a conjecture or a suspicious circumstance, and clearly did not justify submission of the issue of undue influence to the jury. Kuenne v. … Unless want of capacity, permanent in character be established by proof as existing at a time prior to the act, * * * the presumption of capacity attends the act, and must be overcome by evidence that affords a rational basis

Myerberg v. Hall

162 Md. 578 · Court of Appeals of Maryland · May 20, 1932

Tabeling el ail. against said building association, and have duly qualified; that one H. … At any rate, it is manifestly an incomplete paper, and clearly not in shape for delivery. It is not likely that the building association would have taken it in that shape. It would at least have had it acknowledged.

Sites v. State

300 Md. 702 · Court of Appeals of Maryland · Sep 12, 1984

The record establishes that Jacob Edward Sites was stopped for drunk driving at approximately 12:45 a.m. on May 15, 1982. … Illinois, 406 U.S. 682 , 92 S.Ct. 1877 , 32 L.Ed.2d 411 (1972) clearly limited the scope of *712 that which may be deemed a critical stage of the criminal prosecution.

Attorney Grievance v. Malone

477 Md. 225 · Court of Appeals of Maryland · Jan 31, 2022

The hearing judge also found that Bar Counsel established the existence of several aggravating factors, and that Mr. Malone failed to establish the existence of any mitigating factors. A. … After Sugarman’s immunized testimony from the criminal trial was admitted at his disciplinary hearing, the disciplinary panel recommended disbarment. See id.

Frey v. Kirk

4 G. & J. 509 · Court of Appeals of Maryland · Dec 15, 1832

creditors are residents of other States or not, and no matter where the contracts are to be performed ; and if this cause were to be determined by our legislation solely, the plaintiff could not be entitled to any other than a qualified … Justice Johnson, is to be considered as final and conclusive of the law upon this subject, and Chief Justice Marshall, in 6 Peters, 348 , declares, ££ that whatever principles are established in that opinion, are to be considered

Jackson v. Jackson

34 L.R.A. 773 · Court of Appeals of Maryland · Nov 15, 1895

The evidence relied on to establish this marriage was general reputation, cohabitation and acknowledgment. … The whole law of the case was fully, fairly and clearly put before the jury in the instructions given at the instance of both parties.

Black v. Board of Supervisors of Elections

232 Md. 74 · Court of Appeals of Maryland · Apr 30, 1963

We simply hold that the time limitation is inapplicable in a case where it clearly cannot apply. We also agree with the trial court that the resignation created a vacancy. … I think that by these statutes the Legislature has established the policy that an unsuccessful candidate in a primary simply may not be a candidate in the succeeding general election, especially against the same man who defeated

McDowell v. Goldsmith

6 Md. 319 · Court of Appeals of Maryland · Dec 15, 1854

Brooke, 4 Gill, 213 , the assignor of a chose in action was called by the defendant in an action by the assignees, to show that he had made the assignment for the purpose of qualifying himself as a witness to establish the … If this was really so the fraud is established.

Witte v. Azarian

369 Md. 518 · Court of Appeals of Maryland · Jun 18, 2002

The parties agree that the actual giving of testimony is to be *532 included; they clearly disagree whether the conducting of medical evaluations, without treatment, upon referral from an attorney or insurance carrier is … He may. or may not qualify as a “professional witness” in the more generic conception of that term, but the evidence did not suffice to establish that he devoted more than 20% of his professional activity to activities that

Connors v. Government Employees Insurance

442 Md. 466 · Court of Appeals of Maryland · Apr 17, 2015

The Connors contend that the two commas “convert the statement into the qualifying clause.” … We recognized that qualifying clauses are ordinarily “confined to the immediately preceding words or phrase—particularly in the absence of a comma before the qualifying clause.” Id. (quotations omitted).

York v. Maryland Trust Co.

150 Md. 354 · Court of Appeals of Maryland · Apr 7, 1926

After qualifying as executor, the Maryland Trust Company sent Mr. … If the intention of the testator can be gathered from the will, his wishes should be gratified in these matters as well as others, unless in conflict with some well established rules of law.”

Anderson v. United States

427 Md. 99 · Court of Appeals of Maryland · Jun 22, 2012

The language of the statute of repose, § 5-108, indicated clearly that the Legislature intended to tie the accrual of the cause of action to the date of completion of a particular property improvement because traditional … The Briefing Paper provided to the General Assembly describing the impact of this Court’s decision in Hill indicated clearly that the statute, which triggered the limitations period based on injury, could allow potentially