Case law

Terrell v. State

3 Md. App. 340 · Court of Special Appeals of Maryland · Mar 12, 1968

Cahill was qualified as an expert in the training of dogs for use by law enforcement agencies. … While that case indicated quite clearly that this would be the better practice, it did not make it mandatory, particularly where it was later determined that the evidence should be admitted. In Smith v.

Brookman & Carnes v. State

232 Md. App. 489 · Court of Special Appeals of Maryland · Apr 27, 2017

The results state very clearly that her creatinine was 18.9, which is below the established low level limit of 20. We would ask that the sanction be imposed. … Our courts have not had occasion to consider whether decisions of the Drug Courts to impose sanctions qualify as final judgments.

Allen v. State

91 Md. App. 705 · Court of Special Appeals of Maryland · May 5, 1992

He'stated: A solicitation or inciting of another, by whatever means it is attempted, is an act done; and that such an act done with a criminal intent is punishable by indictment has been clearly established by the several … State, 88 Md.App. 229 , 594 A.2d 625 (1991). *741 In support of his position, appellant produces five factors, which, in his opinion, qualify Westwood as an accomplice.

Ali v. State

199 Md. App. 204 · Court of Special Appeals of Maryland · Jun 1, 2011

She also asked Jenkins, again without objection, what rules were established about telephone contact outside of therapeutic sessions. … The tone clearly is — this- one starting with Number 41 of 68 says, [“]this is professional negligence again if you are ignoring me.

Mitchell v. Maryland Motor Vehicle Administration

225 Md. App. 529 · Court of Special Appeals of Maryland · Nov 25, 2015

If the MVA approves the design for the proposed specialty plate, the plate will be manufactured and issued to all qualified applicants, for the required fee. … If that were the case, all speech on what clearly is government property would be government speech.

In re: J.R.

246 Md. App. 707 · Court of Special Appeals of Maryland · Jul 24, 2020

INFANTS > EFFECTIVENESS OF COUNSEL The trial record clearly must illuminate why counsel's actions were ineffective because, otherwise, the Maryland appellate courts would be entangled in the perilous process of second-guessing … Although neither COMAR 07.02.07.09 nor FL § 5-706(h) outlines any sanctions for delays in completing a child abuse or neglect investigation, the statute qualifies the mandate with “to the extent possible.”

AXE Properties & Mgmt v. Merriman

Court of Special Appeals of Maryland · Jun 28, 2024

AXE argued that Merriman failed to establish that it actually knew of the home’s various defects at the time of the sale, or that those defects qualified as latent defects that should have been disclosed to Merriman. … Nonetheless, we have established that AXE preserved the issue by advancing it in the motion for judgment at the close of the evidence and the post-trial motions for JNOV.

Coryea Dominique Webster v. State

221 Md. App. 100 · Court of Special Appeals of Maryland · Jan 28, 2015

Appellant contends his nickname qualified as hearsay. Many authorities suggest that is not the case. … Clearly, the offenses do not merge under the required evidence test.

Cox v. Amer. Civil Liberties Union

Court of Special Appeals of Maryland · Aug 28, 2024

The ACLU also argued (4) that the Sheriff “has not identified any proper basis for denial” of the request, and (5) that the ACLU “qualifies for a waiver of all fees not associated solely with duplicating the requested records … Vol., 2024 Supp.), § 12-104 of the State Government Article (increasing the State’s waiver of sovereign immunity for 31 intentional torts “or a violation of a constitutional

Turner v. State

192 Md. App. 45 · Court of Special Appeals of Maryland · Apr 29, 2010

The State alleges that the Defendant has previously been convicted of an offense which qualifies as a predicate offense for enhanced penalty purposes. … To establish appellant’s actual knowledge, the State looks to the pretrial notice it sent to appellant, pursuant to Md.

In Re Christopher T.

129 Md. App. 28 · Court of Special Appeals of Maryland · Nov 2, 1999

Rule 4-215 establishes “a bright line rule that requires strict compliance” in order to find waiver. Id. at 452 , 735 A.2d 1003 . … In this case, as we noted, the lower court clearly did not comply with the terms of Rule 11 — 106(b).

Hicks v. State

Court of Special Appeals of Maryland · Jun 4, 2026

Maryland courts had interpreted this requirement to mean that an applicant “must demonstrate having received actual threats or assaults” to qualify for a permit. Id. at 210-11. … The laws and regulations governing these permits, however, did not clearly distinguish between open and concealed carry. 1972 Md.

Moore v. Md. Hemp Coalition

Court of Special Appeals of Maryland · Sep 9, 2025

“[A]n act which has been duly authenticated and published as law … bears a strong presumption that all constitutional provisions have been complied with … and this presumption continues to exist until the contrary is clearly … On the other hand, the record reflects that the Hemp Coalition and its members submitted affidavits attesting that they were ready and able to be licensed, but that they did not qualify as a social equity applicant under

Allen v. State

158 Md. App. 194 · Court of Special Appeals of Maryland · Sep 2, 2004

With respect to appellant’s first interview at the sheriff’s office, Allen asserts that he was “clearly in custody” and thus he was entitled to Miranda warnings. … Certainly a knife would qualify.

Garg v. Garg

163 Md. App. 546 · Court of Special Appeals of Maryland · Sep 2, 2005

that the assessment would be clearly inappropriate. … that the award would be clearly inappropriate.

AXE Properties & Mgmt v. Merriman

Court of Special Appeals of Maryland · Jun 24, 2024

AXE argued that Merriman failed to establish that it actually knew of the home’s various defects at the time of the sale, or that those defects qualified as latent defects that should have been disclosed to Merriman. … Nonetheless, we have established that AXE preserved the issue by advancing it in the motion for judgment at the close of the evidence and the post-trial motions for JNOV.

In re: Trust Under Item Ten

Court of Special Appeals of Maryland · Jul 31, 2024

The presumption can be rebutted if the trustee establishes that a conflict between personal and fiduciary interests did not affect the transaction. … Collateral Order Doctrine The common law collateral order doctrine is a “judicially created fiction, under which certain interlocutory orders are considered to be final judgments, even though such orders clearly

Porter v. State

Court of Special Appeals of Maryland · Oct 25, 2016

It's about clearly -- thinking clearly. Q. And the hyperarousal or the hypervigilance that you mentioned earlier, how does that have any effect on one’s perception of the danger that they are in? … Porter’s] reference to needing a lawyer was not only qualified by the equivocal phrase ‘I guess,’ but was couched as a question.” The State also asserts that Ms.

Pyon v. State

222 Md. App. 412 · Court of Special Appeals of Maryland · Apr 6, 2015

His finding in that regard, therefore, was not clearly erroneous. … The flaw, of course, is that a Fourth Amendment predicate had not been established for conducting such a Terry-stop.

Montgomery County Department of Health & Human Services v. P.F.

137 Md. App. 243 · Court of Special Appeals of Maryland · Mar 6, 2001

[F.] for making allegations and for setting him up, even though this was clearly not so. It is this worker’s opinion that Mr. [F.] did insert his finger into [Susan’s] vagina. It is this worker’s opinion that Mr. … We have never indicated that a person can qualify as an “expert in credibility,” no matter what his experience or expertise____[T]he credibility to be given a witness and the weight to be given his testimony [is] confined