Case law

In the Matter of AutoFlex Fleet Inc.

Court of Special Appeals of Maryland · Mar 5, 2024

disqualified bidder, then AutoFlex might be able to establish that it would be next in line, as the best qualified remaining bidder. 13  On January 8, 2021, the MSBE recounted … Rule 5-201 qualify as “one aspect of law that allows the Court to acknowledge a fact[.]”

Hepple v. State

31 Md. App. 525 · Court of Special Appeals of Maryland · Jun 4, 1976

admitted or rejected when offered out of the proper order, in the absence of some positive rule of court upon the subject, must be allowed to rest in the discretion of the court directing the trial, as the tribunal best qualified … Although the definition of rebuttal evidence is clearly stated, Mr. Poe was aware that what is simply defined may not be readily determined.

Barnes v. Commissioner of Labor & Industry

45 Md. App. 396 · Court of Special Appeals of Maryland · Apr 15, 1980

As to this, they agree, the unions have an obvious and direct interest; and the law clearly recognizes it by specifically including them among the groups entitled to notice and to file a review petition. … In part, this is done by having his staff audit the payroll records submitted to him, and compare them with the various classifications and wage rate determinations initially established for the job.

Snyder v. Holy Cross Hospital

30 Md. App. 317 · Court of Special Appeals of Maryland · Feb 26, 1976

This denomination of a qualified property right is a happy one from the standpoint of sustaining the equitable right to grant temporary relief by injunction,. ...” The rule set out by Jackson is the law of this State. … Miller is clearly factually inapposite to the case before us.

Fedorowicz v. State Retirement & Pension System

164 Md. App. 198 · Court of Special Appeals of Maryland · Sep 15, 2005

The panel unanimously held that cancer qualifies as an “injury” under the statutory scheme. See id. at 15 , 800 A.2d 803 . … We do not address whether claimants like Fedorowicz may assert a claim directly against the employer agency that allegedly caused the application to be submitted late, subject to any applicable notice and governmental immunity

Hunter v. State

110 Md. App. 144 · Court of Special Appeals of Maryland · May 29, 1996

What appellant did falls clearly within the § 8-601 definition of “practice nurse midwifery.” … “[Without the establishment of compulsion ... the gears of the Fifth Amendment privilege are not engaged.

In re Lakeysha P.

106 Md. App. 401 · Court of Special Appeals of Maryland · Sep 28, 1995

It applied, and still applies, to no less than four closely-related situations: 1) where there is a clearly established intent to deprive only temporarily; 2) where there is simply a failure of persuasion as to the intent … Flem ing—the “hurricane’s eye” of paradoxical immunity in the midst of unquestioned persuasion of guilt.

West v. State

124 Md. App. 147 · Court of Special Appeals of Maryland · Dec 3, 1998

A primary consideration in determining whether a declaration qualifies as an excited utterance is the time between the startling event and the declarant’s statement. See id. … There, the Court noted that the burden is on the proponent “to establish that it is cloaked with ‘indicia of reliability’ ...

Air Power, Inc. v. Omega Equipment Corp.

54 Md. App. 534 · Court of Special Appeals of Maryland · May 4, 1983

That attack fails, however, because we cannot say that Judge McAuliffe’s finding that an actual, honest, good faith dispute existed between the parties as to whether Air Power owed Omega money on the L Street job was clearly … The Court of Appeals, after ruling that having the check certified consti *541 tuted "use” of the check within the condition imposed by the offer of compromise, held that an accord and satisfaction had been established.

McCloskey v. Republic Insurance

80 Md. App. 19 · Court of Special Appeals of Maryland · Jun 29, 1989

Whether the trial court erred in construing Republic Insurance Company’s policy so as to deny coverage for the alleged tortious conduct of its insured, where the facts established that the “business pursuits” exclusion, relied … Appellant's argument is somewhat at variance with the "Statement of Material Facts Not In Dispute,” which clearly states that Sandrus was not looking after "the children of neighbors and relatives," but was indeed "running

Kelch v. Mass Transit Administration

42 Md. App. 291 · Court of Special Appeals of Maryland · Apr 18, 1979

The rule very clearly says that such information, such documents prepared by a party, his attorney, his assured, his agent and so forth and so on is not discoverable unless you meet the several criteria establishing a substantial … and a hearing is thereafter held on a motion to compel discovery, the burden is on the party refusing discovery to establish the grounds of the claimed immunity, i.e., that the documents sought were in fact prepared in anticipation

Smith v. State

140 Md. App. 445 · Court of Special Appeals of Maryland · Sep 10, 2001

The DOC established double celling as a special project under the authority of section 3-707. … As we have discussed, the DOC does not have complete discretion to deny double celling credits to inmates who clearly meet the eligibility standards in the regulation.

Gutloff v. State

207 Md. App. 176 · Court of Special Appeals of Maryland · Aug 31, 2012

Under all the circumstances, the record must clearly reflect that the trial court made a reasonable effort to inform the defendant of his rights. Leonard, 302 Md. at 125-27 , 486 A.2d 163 (citations omitted). … District of Columbia, 942 A.2d 1132, 1135-36 (D.C.2008) (rejecting claim of immunity from prosecution). .

In re: J.B.

Court of Special Appeals of Maryland · Mar 28, 2024

In 1998, the General Assembly established a commission to examine juvenile justice laws, 1998 Md. … COSTS TO BE PAID BY APPELLANT. 9 Appellant posits that “allowing juvenile cases to continue after the qualifying allegations have been removed would cause the statute to run afoul of the equal protection

Travis v. State

218 Md. App. 410 · Court of Special Appeals of Maryland · Aug 26, 2014

Being asleep qualifies as an instance of being unconscious. Were the Verdicts Inconsistent? … The reason behind the rule, however, was clearly not offended.

Brown v. State

169 Md. App. 442 · Court of Special Appeals of Maryland · Jul 3, 2006

We emphasize that the basic characteristic of an attempt is that it adjusts according to the proof established at trial. (Emphasis added.) … This appeal is not a case of outraged innocence qualifying for an act of grace. [Some emphasis in original.]

In re: Ferndale Volunteer Fire Dept.

Court of Special Appeals of Maryland · Apr 2, 2026

Like CJP § 12-303(3)(iii), 28 U.S.C. § 1292(a)(1) establishes appellate jurisdiction over interlocutory orders refusing injunctions. … App. 657, 708 (2024) (quoting Stromberg, 382 Md. at 165) (explaining the distinction between “purely factual data,” which generally does not qualify for the privilege, and “deliberative opinions,” which do qualify, and

Killie v. State

14 Md. App. 465 · Court of Special Appeals of Maryland · Feb 14, 1972

He testified that the smokers on September 17 congregated in the kitchen as did the clearly-established marihuana smokers on September 19. … The testimony as to September 19 established that marihuana was kept in the kitchen and that the “pipes” for smoking marihuana were kept in the kitchen.

Velez v. State

106 Md. App. 194 · Court of Special Appeals of Maryland · Sep 1, 1995

In any of the foregoing circumstances, the State clearly would have established the requisite quantity of drugs. … 227 N.J.Super. 429 , 547 A.2d 743 (1988), the court explained: The legislature has made it clear that the purpose of the statute is not only to protect school children by shielding them from direct drug sales, but also to immunize

Shoemaker v. State

52 Md. App. 463 · Court of Special Appeals of Maryland · Oct 6, 1982

His revelations to the police were inferentially in return for some sort of immunity and they invite skepticism, though not to the degree they might if he had remained totally anonymous. … Their "basis of knowledge” is thus clearly established.