Case law

Sydnor v. Hathaway

228 Md. App. 691 · Court of Special Appeals of Maryland · Jul 27, 2016

corporation exclusively for the purposes of the corporation in such manner, or to such organization or organizations organized and operated exclusively for charitable, religious purposes as shall at the time qualify … On October 31, 2007, the board of trustees of the Church, chaired by Reverend Hathaway, voted to establish an “alternate” board of directors for the Corporation, with Reverend Hathaway as President and Mr.

Bell v. State

118 Md. App. 64 · Court of Special Appeals of Maryland · Oct 31, 1997

The trial judge was uniquely qualified to assess appellant’s demeanor and his behavior. … In order to establish the relevance and materiality required by the Rape Shield Statute, the offer of proof must be specific as to when the sexual contact took place and a proper medical foundation must be made to establish

Holmes v. State

236 Md. App. 636 · Court of Special Appeals of Maryland · Apr 5, 2018

“[A]ny conversation or words spoken to or by any person in private conversation” qualifies as an “oral communication.” CJP § 10- 401(13)(i). … The Maryland statute clearly and unambiguously prohibits all willful interceptions and endeavors to intercept any wire, oral or electronic communication.

Won Sun Lee v. Won Bok Lee

240 Md. App. 47 · Court of Special Appeals of Maryland · Jan 30, 2019

on the Judiciary website in June and July of 2016— failed to establish clearly when the clerk added the “Denied” notation to the entry.4 Explaining why that issue is significant requires an exploration of the Court of … In other words, where a money judgment establishes a debt, a lien is a mechanism that can be used to enforce it. A. Mr. Bok Lee’s 2004 Filing Established a Lien, Not a Judgment. Mr.

Toliver v. Waicker

210 Md. App. 52 · Court of Special Appeals of Maryland · Mar 1, 2013

Specifically, appellants asserted that the “evidence in this case clearly shows that [Mr. … Waicker qualified as an operator. The circuit court properly granted summary judgment in his favor. 2. Corporate Officers Even if Mr.

Memc v. Bp

196 Md. App. 318 · Court of Special Appeals of Maryland · Dec 3, 2010

Richter, 280 Md. 332, 335-36 , 373 A.2d 923 (1977) (holding that a purchase order and bill of sale established the existence of an oral contract and satisfied the Statute). … Nevertheless, "[d]espite its broad discretion, a trial court's decision to admit or reject expert testimony is reviewable on appeal and may be reversed if it is founded on an error of law or if the trial court clearly abused

Graves v. State

133 Md. App. 97 · Court of Special Appeals of Maryland · Jun 29, 2000

The court was thoroughly qualified to perform such a function. See, e.g., Graves v. … Thus, a third degree sexual offense under Article 27, § 464B of the Maryland Code qualifies as a sexually violent offense.

Nash v. State

191 Md. App. 386 · Court of Special Appeals of Maryland · Mar 26, 2010

The jury’s role in deciding guilt or innocence involves more than merely finding innocuous facts; rather, it requires a judgment about an individual’s behavior based on an established code. … The State argues that the record clearly reflects that appellant had two prior robbery convictions.

Yonga v. State

Court of Special Appeals of Maryland · Jan 28, 2015

It is only an adjectival qualifier. It is not the thrust of the writ. … If, arguendo, the testimony of the victim and her mother had been believed, would such evidence have qualified as having been newly discovered?

Storetrax.com, Inc. v. Gurland

168 Md. App. 50 · Court of Special Appeals of Maryland · Mar 31, 2006

Storetrax, however, has failed to establish that it was prejudiced by any erroneous choice of law. See Crane v. … It doesn’t, it’s not qualified to that.... * * * [Counsel for Storetrax]: I’ll proffer what I believe all I was going to use it for.

Mitchell v. State

132 Md. App. 312 · Court of Special Appeals of Maryland · Jun 1, 2000

Sections 408 through 410 provide that a killing committed during the perpetration, or attempted perpetration, of certain felonies qualifies as first degree murder. … Thus, the dual elements of conspiracy were clearly established.

In Re A.N., B.N., and V.N.

226 Md. App. 283 · Court of Special Appeals of Maryland · Dec 16, 2015

So that’s clearly the ruling and holding in Kelley, so, based on that, even though it is a tool that we use, since the reliability -- this is from 1980, has not been scientifically established, the Court … by the State, 24 and that right cannot be taken away “‘unless clearly justified.’”

Lee v. Lee

148 Md. App. 432 · Court of Special Appeals of Maryland · Dec 20, 2002

Lee had the following transferable employment skills: 1. speak[s] clearly and listen[s] carefully 2. use[s] personal judgment and specialized knowledge to give information to people orally 3. communicate[s] well with many … Lee was qualified, at the below listed annual salaries, to work as: customer service representative ($16,400-$20,800); telephone survey worker ($16,952); order processor ($19,240); receptionist ($17,680-$23,800); dispatcher

Anderson v. State

89 Md. App. 712 · Court of Special Appeals of Maryland · Dec 30, 1991

The Supreme Court rejected this argument, however, stating that, based on a reading of the legislative history, Congress had clearly intended the dilutant, cutting agent, or carrier medium to be included in the weight of … Appellant then qualified for the mandatory *726 punishment under Md.Code Ann.

Lamb v. Kontgias

169 Md. App. 466 · Court of Special Appeals of Maryland · Jul 3, 2006

“Provisions invalidating the sentence clearly worried the legislators. … Moreover, CP section 11-403(b) establishes both the right to speak at a sentencing hearing and the right to notice of that hearing.

Wilbon v. Hunsicker

172 Md. App. 181 · Court of Special Appeals of Maryland · Dec 29, 2006

The same acts and conduct that establishes that the purpose of the statute has been satisfied may also constitute a waiver of notice or create an estoppel. … Micozzi, to the area of expertise in which the witness had been qualified to testify, especially when there was no prejudice to [ ] [pjlaintiff? 7 . Relevant portions of Section 5-304 are as follows: § 5-304.

Williams v. State

101 Md. App. 408 · Court of Special Appeals of Maryland · Sep 1, 1994

Was the trial court clearly erroneous in convicting Appellant of the offenses with which he was charged? 2. Should the docket entries be amended to correctly reflect Appellant’s convictions? … [tjhe defense is excluded only on a charge which negligence suffices to establish culpability ...

Atkinson v. Anne Arundel Cnty.

236 Md. App. 139 · Court of Special Appeals of Maryland · Mar 28, 2018

The Court of Appeals addressed the constitutionality of Charter § 812 and observed that its provisions qualified as charter material.6 The Court reasoned that “[w]hether some portion of the County Council’s role in the … In this case, the County Council clearly intended its local laws to be severable.

Jocelyn P. v. Joshua P.

250 Md. App. 435 · Court of Special Appeals of Maryland · Apr 29, 2021

Although the issue raised in this appeal is novel, the standards that guide our review are well-established. … Specifically, she contends that the “lower court clearly misinterpreted the language of the IVF Contract.

Rochkind v. Stevenson

229 Md. App. 422 · Court of Special Appeals of Maryland · Sep 1, 2016

[The plaintiff will not] need to establish (a) that there was lead in the household; (b) that [Ms. … We declined to do so, concluding that for this Court to remand for a partial new trial “‘it must clearly appear that the effect of the error did not extend to all the issues tried.’” Id. at 317 (quoting McBride v.