Case law

Moore v. State

195 Md. App. 695 · Court of Special Appeals of Maryland · Oct 29, 2010

Detective Toland was qualified and accepted by the court as an expert in the detection, sale, and packaging of narcotics. … This may be established by a preponderance of the evidence.

Balfour Beatty Construction v. Maryland Department of General Services

220 Md. App. 334 · Court of Special Appeals of Maryland · Dec 2, 2014

Qualifying PLAs must contain a provision that the contractor and all subcontractors are able to compete for contracts without regard to their participation in any other collective bargaining agreements. … When reviewing a procuring agency’s specifications, the MSBCA will defer to the technical judgment of the procuring agency unless it is clearly erroneous.

Brandywine Senior Living at Potomac LLC v. Paul

237 Md. App. 195 · Court of Special Appeals of Maryland · Apr 30, 2018

is as strong as their duty to refrain from presiding when not qualified.” … Boucher for the Applicant), with the Applicant’s expert being qualified as a real estate appraiser and the oppositions’ expert being qualified as a realtor.

Gomez v. Jackson Hewitt, Inc.

198 Md. App. 87 · Court of Special Appeals of Maryland · Mar 31, 2011

This, appellee contends, was clearly not the General Assembly’s intent to reach so many businesses whose primary function is to sell a good or service. … Appellants further rely on the Harper Court’s conclusion that, “based upon the broad language of the [West Virginia] statute ... plaintiffs likewise qualify as ‘buyers’ under [the *109 West Virginia statute] because they

Helms v. State

191 Md. App. 185 · Court of Special Appeals of Maryland · Mar 2, 2010

Thus, the location of § 11-605 within the Code, corroborated by its legislative history, clearly indicates that the General Assembly intended for it to apply solely to local correctional facilities. … State, 404 Md. 208, 217 , 946 A.2d 456 (2008) (noting, "it is this Court’s established policy to decide a constitutional issue only when necessary”). (Footnote continued ...)

Boucher v. Riner

68 Md. App. 539 · Court of Special Appeals of Maryland · Sep 8, 1986

The two were qualified by the U.S. Parachute Association (USPA), a civilian organization engaged in the promotion and self-regulation of the sport. … Clearly, the transaction in which the appellant engaged on September 18, 1982, exhibited none of these characteristics.

Duncan v. State

236 Md. App. 510 · Court of Special Appeals of Maryland · Apr 4, 2018

Given that, in Maryland, one of the essential elements of the crime of robbery is the use of, or threatened use of, force, we agree that robbery clearly qualifies as a crime of violence under 18 U.S.C. § 16. … So, in making our independent appraisal, we accept the findings of the trial judge as to what are the underlying facts unless he is clearly in error.

Holiday Point Marina Partners v. Anne Arundel County

107 Md. App. 160 · Court of Special Appeals of Maryland · Nov 7, 1995

The Court also noted that “allowing counties to require special permits of utility companies, even when they qualify for a certificate from the PSC, would sanction an authority superior to that of the PSC.” … Id. at 333 , 513 A.2d 893 . “ ‘[I]n view of such a clearly established legislative policy, evidence of a countervailing legislative purpose to prohibit local zoning control ... must be strong indeed.’ ” Harker, 316 Md. at

Public Serv. Comm'n v. BALTO. GAS & ELEC. CO.

60 Md. App. 495 · Court of Special Appeals of Maryland · Nov 15, 1984

. & E. did not (1) have adequate instrumentation on line during the unit's start up; (2) have a sufficient number of qualified chemistry technicians present; and (3) adequately train chemistry and operating personnel on the … Clearly, the Commission intended to investigate individual outages as part of its review of the fuel rate adjustments.

Holmes v. State

209 Md. App. 427 · Court of Special Appeals of Maryland · Jan 24, 2013

To qualify as a “handgun,” a device must be a “firearm.” … Indeed, there was sufficient evidence to establish that Holmes was in possession of a handgun.

Webster v. State

151 Md. App. 527 · Court of Special Appeals of Maryland · Jun 27, 2003

The trial court was entitled to accept Holden’s clearly articulated medical reasons for asking Tiarah what happened. … In Webster’s view, the record here was similarly insufficient to establish that Tiarah was motivated to truthfully report what happened in order to obtain medical treatment.

Chestnut Real Estate Partnership v. Huber

148 Md. App. 190 · Court of Special Appeals of Maryland · Nov 27, 2002

That permitted activity, recreation, in no way modifies or qualifies the Agreement’s clear statement that “no buildings nor structures nor paving” are allowed. 4 In the final analysis, we conclude that Paragraph 2.b of the … “It is clearly established by authority that there is sufficient to justify the court interfering, if there has been a breach of the covenant....

Chester v. State

32 Md. App. 593 · Court of Special Appeals of Maryland · Sep 15, 1976

Lewin was qualified to act as assistant counsel for the State only during the regime of the Honorable Milton B. … UNDER COLOR OF OFFICE The mere coincidence that crime has been committed by one who happens to be a public officer is not sufficient to establish official misconduct.

McCain v. State

194 Md. App. 252 · Court of Special Appeals of Maryland · Sep 3, 2010

Chief Justice Roberts explained: We do not suggest that all recordkeeping errors by the police are immune from the exclusionary rule. … As we have explained, the prior decisions of our Court and the Court of Appeals adopting the “broad reading” of Belton , established “a bright-line judicial rule.”

Wankel v. A&B Contractors, Inc.

127 Md. App. 128 · Court of Special Appeals of Maryland · Jul 1, 1999

Did the trial court correctly conclude that the Plaintiffs’ standard of care expert was qualified to express the opinions elicited from him? … , were sufficient to qualify him as an expert “on the standard of care owed by general contractors.”

Jeandell v. State

165 Md. App. 26 · Court of Special Appeals of Maryland · Oct 6, 2005

. § ll-705(d) is clearly “the place where one actually lives,” the Maryland Registration of Offenders statute does provide adequate guidance on *36 how to comply with its requirements. … Moreover, two of these notices indicated that his residence was a men’s shelter, which might not generally be considered to be a permanent dwelling place, but would still qualify as a place of residence under the statute.

State Highway Administration v. Greiner Engineering Sciences, Inc.

83 Md. App. 621 · Court of Special Appeals of Maryland · Jul 3, 1990

Whether appellee presented legally sufficient proof of damages where the BCA (1) retrospectively qualified as experts three witnesses who gave lay testimony; (2) accepted without analysis appellee’s highly disfavored “total … The City responded that under the broad exculpatory clause contained in the contracts, all claims for delay damages are barred unless deliberate and intentional misconduct is established.

McKay v. State

32 Md. App. 451 · Court of Special Appeals of Maryland · Jul 29, 1976

McKay, you have had an opportunity to talk to your lawyer and I think he explained the situation very clearly to you. Do you have any members of your family here with you? DEFENDANT MC KAY: Yes, sir. … That is established.” Maryland Rule 741 provides for the waiver: “An accused may elect to be tried by jury or by the court.” 11 The Maryland constitution is silent as to the number of jurors.

Playmark, Inc. v. Perret

Court of Special Appeals of Maryland · Jan 28, 2022

R. 8-131(c), and we are bound by the circuit court’s findings of fact unless they are clearly erroneous. Cunningham v. Feinberg, 441 Md. 310, 322 (2015). … Although it is not expressly defined anywhere, each of the other nineteen times the term is used, it clearly 27 refers only to the EMA.

Guarino v. Guarino

112 Md. App. 1 · Court of Special Appeals of Maryland · Oct 31, 1996

, though, in that event, a qualified divorce may be granted, if the causes proved to be sufficient to entitle the complainant to that relief.... … We will not disturb the chancellor’s award of attorney’s fees unless the chancellor arbitrarily exercised his or her judgment or if his or her findings were clearly erroneous. Lemley v.