Case law

Jackson v. State

132 Md. App. 467 · Court of Special Appeals of Maryland · Jun 6, 2000

We accept the factual findings of the trial court, unless clearly erroneous, but make our own independent constitutional appraisal of legal conclusions. Ferris v. State, 355 Md. 356 , 735 A.2d 491 (1999). … Perline was not qualified to form an opinion on the subject, but that the question went beyond the subject matter of direct examination.

Guardino v. State

50 Md. App. 695 · Court of Special Appeals of Maryland · Feb 5, 1982

Frequently, however, there was a caution added by the court to the effect that being judges of the law did not confer upon the jury "untrammeled discretion to enact new law or to repeal or ignore clearly existing law as whim … Under the test applicable to striking for cause, she was qualified to serve, and, in any event, she was not a member of the jury which tried Guardino.

Doser v. Doser

106 Md. App. 329 · Court of Special Appeals of Maryland · Sep 7, 1995

There is no dispute that these two assets qualify as marital property. Although Mr. … We said: As a general rule, a master’s findings of fact are given deference under the clearly erroneous rule.

Owens v. Prince George's County Department of Social Services

182 Md. App. 31 · Court of Special Appeals of Maryland · Sep 16, 2008

A practical qualifying pressure valve — “unless the context of the statute would indicate otherwise” — is invariably adhered to a recitation of that principle. See, e.g., Maryland St. Bar Ass’n v. … Clearly, [Mrs. Owens] made a commitment to care for and raise Sandy.

Pleasant v. Pleasant

97 Md. App. 711 · Court of Special Appeals of Maryland · Oct 27, 1993

From the testimony of an economist who qualified as an expert in valuing pensions, the trial judge determined that the marital portion of appellant’s pension had a present value of $167,907, and that the marital portion of … Choice of Disposition On two occasions during the trial, the trial judge presented appellant with a choice of the method of payment to be established.

Forest Grove Cit. Ass'n v. Forest Glen Med. Ctr.

Court of Special Appeals of Maryland · May 29, 2026

These provisions allow for a non-owner applicant, such as JLB Realty, to qualify as an applicant if it has authorization from the owner “to file” the application. See Lockshin v. … The specific types of governmental land use decisions clearly embraced by that principle are rezonings, special exceptions, and subdivision approvals.

Caldwell v. Sutton

Court of Special Appeals of Maryland · Nov 30, 2022

The second factor, i.e., that Grandmother and Child lived together in the same household, is not disputed and is clearly established by the evidence. … The Conover test establishes “a high bar for establishing de facto parent status.” 450 Md. at 74.

Bey v. State

140 Md. App. 607 · Court of Special Appeals of Maryland · Sep 26, 2001

The burden, of course, is on appellant’s counsel to state clearly what the problem is and to state clearly what precise instruction is being requested. … However, in murder, such conduct demonstrates the degree of consciousness of risk that establishes depraved heart murder, which is a general intent crime.

Johns Hopkins University v. Ritter

114 Md. App. 77 · Court of Special Appeals of Maryland · Mar 17, 1997

The Hopkins Medical School has a tenure system established by contract. … tenure would or could be effectively waived, it was clearly not reasonable, as a matter of law, for Drs.

Bond v. Polycycle, Inc.

127 Md. App. 365 · Court of Special Appeals of Maryland · Jul 7, 1999

In reviewing the trial court’s decision on the evidence, this Court will not reverse unless the decision was clearly erroneous. See Md. Rule 8-131(c). … We held that the insured was entitled to appellate litigation fees and explained that “[n]one of the case law establishing the entitlement of an insured to the attorneys’ fees incurred in establishing coverage suggests any

Johnson v. Johnson

152 Md. App. 609 · Court of Special Appeals of Maryland · Oct 3, 2003

Kelly] would even qualify for a, bonus in the foreseeable future given the business-expense calculation that would be required. We therefore reverse and remand for entry of an order consistent with this opinion. Id. … Since overtime pay constitutes “compensation due to an employee for employment,” it is clearly “wages” under § 12-201(c)(3) of the Family Law Article.

Henson v. State

212 Md. App. 314 · Court of Special Appeals of Maryland · May 31, 2013

Was the court’s instruction to the jury on aiders and abettors clearly erroneous? IV. … sexually explicit material”] was clearly related to and grew out of the offense of disseminating obscenity, we rule that it is not unconstitutional.”); State v.

First Maryland Leasecorp v. Cherry Hill Sand & Gravel Co.

51 Md. App. 528 · Court of Special Appeals of Maryland · May 6, 1982

following language: "In the case now before us, each guardian-designate, after filing a notice of appeal, signified his acceptance of the trial court’s decree *533 and his appointment under it by submitting his bond, thereby qualifying … The foregoing excerpt clearly establishes that the appellant has, at the very least, acted in a manner inconsistent with the maintenance of the appeal to attempt to obtain a benefit from the reformation decree that is the

Jones v. State

217 Md. App. 676 · Court of Special Appeals of Maryland · Jun 27, 2014

clearly identif[ies] the prior conduct of the witness that tends to show he is unworthy of belief,’” Thurman v. State, 211 Md. … But the overlap is not complete, because an overt act can qualify as an attempt and yet not rise to the level of an assault.” Id. at 129.

American Airlines Corp. v. Stokes

120 Md. App. 350 · Court of Special Appeals of Maryland · Feb 26, 1998

Cohen to establish the connection: Q: Is it possible or is it probable that Mr. … of proof required to establish a prima facie case as to one of those elements.

Blair v. State

130 Md. App. 571 · Court of Special Appeals of Maryland · Mar 6, 2000

Fleig about concerning, you know, what he said about who was the one who brought up the conversation with the shovel, that’s clearly an instance. … The September interview was conducted after Fleig had agreed to plead guilty to a lesser charge, and clearly was cast in a light useful to the State.

Chisholm v. Hyattstown Volunteer Fire Department, Inc.

115 Md. App. 58 · Court of Special Appeals of Maryland · Apr 1, 1997

This is qualified by Article V, Section 5: Members serving on active duty in the Armed Forces of the United States shall not be required to pay dues. … He was, therefore, qualified to sit upon the Trial Board that sat in judgment of appellant. In Most Worshipful United Grand Lodge v.

Comptroller of Treasury v. World Book Childcraft International, Inc.

67 Md. App. 424 · Court of Special Appeals of Maryland · May 9, 1986

For the first time, in a corporate income tax case, we are asked to decide which party bears the burden of establishing the tolling of the statute of limitations. … Specifically, appellant contends that the evidence of appellee’s activities demonstrated that such activity went beyond the mere “solicitation of sales” granted immunity under 15 U.S.C. § 381 .

Cave v. Elliott

190 Md. App. 65 · Court of Special Appeals of Maryland · Jan 27, 2010

At no time during the trial did the appellant raise the issue of the appropriateness of a Qualified Domestic Relations Order (“QDRO”) as a mechanism for payment of a monetary award. Id. at 483 , 798 A.2d 1195 . … In light of Cave's position at oral argument, we consider Cave's argument on sovereign immunity abandoned, and therefore it will not be addressed in this opinion. 6 .

Bell v. Heitkamp, Inc.

126 Md. App. 211 · Court of Special Appeals of Maryland · Apr 28, 1999

Without such facts, the [a]ppellants are unable to establish the causation element of their claim. … We hold that the conduct of appellants in this case, while clearly negligent, was not so extraordinary or outrageous as to raise that conduct to the qualitative level necessary to establish a foundation for the award of punitive