Case law

Shivers v. State

Court of Special Appeals of Maryland · Jan 3, 2023

First, appellant clearly exerted unauthorized control over Mr. Smith’s property. Mr. … Smith’s financial ability to qualify for an assisted living facility. Appellant testified, “[Mr. Smith] asked about whether he was going to qualify because of his assets.

Joyce v. Joyce

10 Md. App. 516 · Court of Special Appeals of Maryland · Dec 8, 1970

They were not clearly wrong when due regard is given to the opportunity of the Special Master to judge the credibility of the witnesses. … Property in chattels personal may either be an absolute or qualified property in possession or a property in action. For a full discussion of property in chattels personal see Id., Ch.

BOARD OF EDUC. OF AA CTY. v. Barbano

45 Md. App. 27 · Court of Special Appeals of Maryland · Feb 14, 1980

The teacher shall be observed by more than one qualified person each year as determined by the superintendent. 3. … Provision shall be made for an over-all assessment by the evaluator which clearly indicates a satisfactory or unsatisfactory rating. 5.

Boyd v. Mercantile-Safe Deposit & Trust Co.

28 Md. App. 18 · Court of Special Appeals of Maryland · Sep 5, 1975

This plat had the metes and bounds of the Cook property, then owned *21 by the seller, marked clearly upon it. … The exercise of the court’s discretion, however, must not be arbitrary and is controlled by established principles of equity.

Middleton v. State

238 Md. App. 295 · Court of Special Appeals of Maryland · Aug 28, 2018

Instead, we relied upon the duty a parent owes a young child, in determining that neglect of that duty could establish malice. Simpkins v. State, 88 Md. … Our resolution of the question presented necessitates vacatur of what the court clearly regarded as the flagship charge.

Shivers v. State

Court of Special Appeals of Maryland · Jan 3, 2023

First, appellant clearly exerted unauthorized control over Mr. Smith’s property. Mr. … Smith’s financial ability to qualify for an assisted living facility. Appellant testified, “[Mr. Smith] asked about whether he was going to qualify because of his assets.

Crowe v. CSX Transportation

Court of Special Appeals of Maryland · Aug 28, 2019

It clearly intended to extend the LHWCA’s coverage to protect additional workers. Northeast Marine Terminal, 432 U.S. at 251. … To qualify for coverage under the LHWCA, an employee must meet both the “status” and “situs” requirements of the statute. Mr.

Wilson v. State

28 Md. App. 168 · Court of Special Appeals of Maryland · Sep 9, 1975

The testimony of the appellant also clearly raised the issue of excusable homicide by misadventure or accident. … Thus, the alleged error was of omission and would not qualify as “plain error” under Rule 756 g. The issue is not before us. Brown v. State, supra.

Long Green Valley Ass'n v. Bellevale Farms, Inc.

205 Md. App. 636 · Court of Special Appeals of Maryland · Jun 8, 2012

In some cases, the contract may clearly express an intended third party beneficiary, see Schlicht v. … Here, the merits question is whether the proposed creamery qualifies as a “farm related use” under § 2-513 of the Agriculture article.

Mayor of New Market v. Armstrong

42 Md. App. 227 · Court of Special Appeals of Maryland · Apr 16, 1979

The testimony of life long residents clearly showed Federal Street and North Alley have been considered as alleys until the present day. … The expert qualified his assertion as resting on an initial title search starting in 1839. He said he could not make a definite statement as to Lot 85 based on the search back to 1795.

Long v. Long

141 Md. App. 341 · Court of Special Appeals of Maryland · Nov 29, 2001

Now in this case the issues of voluntary impoverishment and the negative inferences drawn from the Fifth Amendment privilege are clearly closely linked. … Robinson’s refusal to answer questions regarding her adultery established not only her commission of adultery, but also her unfitness as a parent. Id. at 516 , 615 A.2d 1190 .

Millar v. Bowie

115 Md. App. 682 · Court of Special Appeals of Maryland · Jun 2, 1997

A “different” straight line is clearly not what the parties intended. … But here, there is a fixed ulterior object, a tree imperatively called for and designated as the boundary intended to be run to ... explaining and qualifying the expressions “running with the said manor,” ... as directory

State v. Savage

170 Md. App. 149 · Court of Special Appeals of Maryland · Sep 8, 2006

It is clear, at least, that the lower courts are allowing colorable knock-and-announce suits to go forward, unimpeded by assertions of qualified immunity. … “[T]he threat of litigation and liability will adequately deter federal officers for Bivens purposes no matter that they may enjoy qualified immunity” (as violators of knock-and-announce do not). 126 S.Ct. at 2167 , 165 L.Ed

Anderson v. State

78 Md. App. 471 · Court of Special Appeals of Maryland · Mar 2, 1989

No one was able to establish a reliable sequence of events. … In the first place, the recovery of the watch from Anderson’s pocket clearly preceded Andrew Smith’s arrival at the scene.

Brown v. Brown

195 Md. App. 72 · Court of Special Appeals of Maryland · Sep 30, 2010

We review the court’s factual findings under the clearly erroneous standard. Id. … Appellant’s counsel stipulated that Owens was qualified to give an opinion as to the value of the Notley Road property. 10 .

Scott v. State

1 Md. App. 481 · Court of Special Appeals of Maryland · Jul 18, 1967

It is clear therefore that Art. 27, § 551 intended only to enlarge the number and types of persons qualified to serve and return search and seizure warrants. … The memorandum was clearly proper for use to refresh the recollection of the witness. Basoff v. State, 208 Md. 643, 652 ; Burgess v. State, 161 Md. 162, 169 ; Myers v. State, 137 Md. 496, 502 . 4.

Patten v. Board of Liquor License Commissioners

107 Md. App. 224 · Court of Special Appeals of Maryland · Nov 30, 1995

Accordingly, the circuit court’s decision to change a factual finding of the Board was clearly erroneous and not supported by the record. … There are two ways to establish an agency relationship, either by written agreement or by inference. Id.

In the Matter of Williams Revocable Trust

234 Md. App. 472 · Court of Special Appeals of Maryland · Nov 1, 2017

On June 9, 2011, he executed his will (“Will”); established the Trust; and signed Articles of Incorporation (“Articles”) creating the Foundation. … One condition precedent to distribution was that the Foundation qualify as a section 501(c)(3) charity. That condition was not satisfied until June 3, 2014.

In Re Adoption/Guardianship of Mark M.

147 Md. App. 99 · Court of Special Appeals of Maryland · Sep 13, 2002

qualified person. … The juvenile court’s determination that Helen M. had failed to establish good cause for the proposed examination was simply incorrect.

Raynor v. Maryland Department of Health & Mental Hygiene

110 Md. App. 165 · Court of Special Appeals of Maryland · May 29, 1996

The court noted that appellant’s expert was only qualified as an expert on pediatrics and subsequently held that appellee’s expert testimony established that ferrets are wild animals and that the ferret in this case needed … Md.Code Ann, Health-Gen. § 18-313 (1986) authorizes appellee to establish regulations, inter alia, to control rabies.