Case law

Lee v. Lee

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.

Francz v. Francz

157 Md. App. 676 · Court of Special Appeals of Maryland · Jul 15, 2004

On September 10, 2002, ten days after the 23-month rehabilitative alimony award expired, Deborah filed a “Petition To Establish Indefinite Alimony” (“petition”). … They both clearly state that “the issue of indefinite alimony” is being “reserved” for later decision.

In Re JOY D.

216 Md. App. 58 · Court of Special Appeals of Maryland · Jan 29, 2014

D., however, had demonstrated repeatedly that she had no understanding of her untreatable condition, which was “immune to intervention.” … First, we review factual findings under the clearly erroneous standard. Id. Second, we review purely legal questions de novo, requiring further proceedings except in cases of harmless error. Id.

Davis v. Attorney General

187 Md. App. 110 · Court of Special Appeals of Maryland · Jul 9, 2009

(a lawyer and friend) “the power to designate one or more successor trustees to serve at any time and from time to time, concurrently or consecutively” should the named trustee of the Trust fail to qualify or complete his … Davis points to the procedure adopted at the hearing—with her counsel arguing first and counsel for the appellees arguing in response—as clearly showing that the court shifted the burden of proof. We disagree.

In Re Adoption/Guardianship of Victor A.

157 Md. App. 412 · Court of Special Appeals of Maryland · Jul 1, 2004

Neither the bench colloquy nor the written order clearly resolved that issue with respect to either parent. … To be sure, there is a clearly articulated public policy favoring adoption over foster care.

Markham v. State

189 Md. App. 140 · Court of Special Appeals of Maryland · Nov 25, 2009

Clearly, the State has a compelling interest in guarding against the intimidation of individuals who testify. … Nevada, 111 Nev. 1446 , 906 P.2d 727, 729 (1995) (witness’ “interest in personal safety qualifies as both a ‘substantial reason’ and an ‘overriding interest’ ”); People v.

Becker v. Anne Arundel County

174 Md. App. 114 · Court of Special Appeals of Maryland · Apr 9, 2007

To qualify for a variance to the Critical Area criteria, an applicant must meet each and every one of the variance provisions. See, id., Section 8-1808(d)(4)(ii). … If an applicant establishes compliance with *146 the applicable criteria, that applicant is entitled to the variance.

In re: M.

Court of Special Appeals of Maryland · Sep 7, 2021

First, [w]hen the appellate court scrutinizes factual findings, the clearly erroneous standard of Rule 8-131(c) applies. … In this case, the General Assembly’s clearly established policy and procedural push toward permanency has special relevance.

Lopez v. State

205 Md. App. 141 · Court of Special Appeals of Maryland · May 10, 2012

The rules governing statutory interpretation are well established. … Instead, the language in the analysis is qualified, noting only that this Court had previously held that the doctrine did not apply in post-conviction cases.

Thomas v. Shear

247 Md. App. 430 · Court of Special Appeals of Maryland · Aug 27, 2020

Shear’s alleged negligence, for the limited purpose of establishing that 12 Albert Beatty, Jr., M.D. prepared the “certificate of qualified expert” and report that Ms. … Shear to establish that CJP § 5-203 applied to toll the statute of limitations.

In the Matter of Batchelor

Court of Special Appeals of Maryland · Feb 28, 2024

Campbell had established under the Federal Employees’ Retirement System Act of 1986 (“FERSA”) and that named Mr. Campbell as the sole beneficiary. In 2010, Mr. and Ms. … Campbell’s possession is immune from post-payment state law claims by the Estate?

Maryland Department of State Police v. Maryland State Conference of NAACP Branches

190 Md. App. 359 · Court of Special Appeals of Maryland · Feb 2, 2010

In that letter, counsel said that the NAACP would have no objection if the custodian redacted from the records the names of the officers and established instead "a unique number or code for each trooper ... … Even if the requested information in the case sub judice qualified as confidential, the purpose of the request in the case sub judice cannot be given short shrift.

Gunby v. Olde Severna Park Improvement Ass'n

174 Md. App. 189 · Court of Special Appeals of Maryland · Apr 27, 2007

I have qualified and testified as an expert witness on approximately 50 occasions regarding my examination *206 and/or opinions as to the title to and ownership of waterfront and non-waterfront land. … They explain that the Court in Koch “was merely determining whether a grantor had intended to establish an implied easement.

Dobson v. State

24 Md. App. 644 · Court of Special Appeals of Maryland · Feb 20, 1975

We note that the rules of this State relating to identification evidence existing prior to Wade and Gilbert are still effective as qualified by the exclusionary rules enunciated in these opinions.” (Footnote omitted). … Clearly, however, this is not a case of harmless error. There is present the very real possibility that the improperly admitted evidence contributed to Dobson’s convictions. Fahy v. Connecticut, 375 U. S. 85 , 84 S.

Cook v. State

100 Md. App. 616 · Court of Special Appeals of Maryland · Jun 8, 1994

This right is substantial, and therefore “a judge should not dismiss a juror unless the record reveals that such dismissal is clearly warranted.” Id. … Even though the jury remains composed of competent and qualified jurors, the judge has remolded it with a ‘new' tilt. Chew v.

State v. Greco

199 Md. App. 646 · Court of Special Appeals of Maryland · Jul 7, 2011

Admissibility of Mental Impairment Evidence Whs Recognized Previously Whether the final standard, on the admissibility of psychological evidence, qualifies as being not recognized previously depends on how one interprets … We have established that only one of the standards at issue is imposed by a constitution, and that none of them are, in fact, not recognized previously.

Coleman v. State

49 Md. App. 210 · Court of Special Appeals of Maryland · Jun 16, 1981

Nevertheless, recognizing that a certain amount of delay is inherent for ordinary scheduling purposes even in the case of a remand, a delay of less than eight months, though clearly sufficient to cross the constitutional … [Defense Counsel]: Has the State’s Attorney’s office, the police department, or anybody guaranteed you any immunity from prosecution or promised you anything in exchange for your testimony today? A.

Diaz v. State

129 Md. App. 51 · Court of Special Appeals of Maryland · Nov 2, 1999

Hayes narrowly focused on the timing of the juror’s substitution relative to the beginning of jury deliberations, holding that “an alternate juror who remains qualified to serve may be substituted for a regular juror who … Lee, 317 Md. 371, 379-80 , 564 A.2d 395, 399 (1989): Fundamental fairness dictates that the defendant understand clearly what debt he must pay to society for his transgressions.

Colao v. County Council of Prince George's County

109 Md. App. 431 · Court of Special Appeals of Maryland · Apr 4, 1996

Rodriguez, 79 Md.App. at 540 , 558 A.2d 742 (“Section 27-499 sets out a number of standards or conditions which a Basic Plan must meet to qualify the property for E-I-A zoning. … These adopted comments clearly indicate a lack of economic justification.

Owens Corning v. Bauman

125 Md. App. 454 · Court of Special Appeals of Maryland · Apr 7, 1999

While appellant and amicus Maryland Defense Counsel make much of the clearly expressed purposes as recounted in Murphy v. … Such a finding was not clearly erroneous because there is evidence in the record to support it. Grimshaw, 115 Md.App. at 165 , 692 A.2d 5 .