Case law

Kramer v. Levitt

79 Md. App. 575 · Court of Special Appeals of Maryland · Jun 8, 1989

so much of it as is true and deny or qualify the remainder. … Thus, that older view is now regarded as “clearly untenable” and the privilege recognized under Rule 36. (Footnotes omitted.) 8 C. Wright & A.

Nicholson Air v. Board of County Commissioners of Allegany County

120 Md. App. 47 · Court of Special Appeals of Maryland · Feb 27, 1998

Maryland Rule 2-501 establishes a two-part test for summary judgment. … They were necessary to re-establish to meet the regulations for carrying passengers.

Herd v. State

125 Md. App. 77 · Court of Special Appeals of Maryland · Feb 24, 1999

When the appellant and his three companions broke down the door with an axe, that clearly qualified as a breaking. When they subsequently entered 924 Abbott Court, that unquestionably constituted an entering. … He took the stand in his own defense, however, and clearly established a prima facie case that he reasonably believed that he was entitled to enter the premises: The defense contended that appellant reasonably believed he

Schwan Food v. Frederick

Court of Special Appeals of Maryland · Jun 27, 2019

Workers’ Compensation > In the Course of Employment > Employee’s Home as a Work Site in General Whether an employee’s home qualifies as a work site under Maryland workers’ compensation law is established by three indicia … In sum, we hold that whether an employee’s home qualifies as a work site under Maryland workers’ compensation law is established by three indicia: (1) the quantity and regularity of work performed at home; (2) the presence

Dorsey v. Nold

130 Md. App. 237 · Court of Special Appeals of Maryland · Feb 10, 2000

Clearly, the Dorseys intended to elicit extensive testimony from Dr. … The Dorseys were obviously required to establish the cause of Candace’s death in their case-in-chief.

Starke v. Starke

134 Md. App. 663 · Court of Special Appeals of Maryland · Nov 3, 2000

The invariable inquiry is whether there was some competent evidence to establish all of the elements needing to be established to justify submitting the *680 case to the jury or to sustain a judge’s verdict as not-clearly … Sterling, 269 Md. 356, 361 , 305 A.2d 829 (1973): *682 It is also clearly established that undue influence may arise from the breach of a confidential relationship existing between a grantor and his grantee.

Cerrato-Molina v. State

223 Md. App. 329 · Court of Special Appeals of Maryland · Jun 1, 2015

Proximity could not be more clearly established." - 10 - 11 Md. App. at 518. (Emphasis supplied). In Johnson v. State, 142 Md. … The inference, once qualified, is not an evidentiary second-class citizen.

Smith v. State

Court of Special Appeals of Maryland · Jul 26, 2023

We hold that the trial court’s finding that there were sufficient corroborating circumstances establishing the trustworthiness of the Blake Interview was not clearly erroneous. … Accordingly, we hold that the trial court’s finding that there were sufficient corroborating circumstances establishing the trustworthiness of the Blake Interview was not clearly erroneous. b.

Holzheid v. Comptroller

Court of Special Appeals of Maryland · Mar 28, 2019

but that the remaining claims are not barred by sovereign immunity. … The State avers that because Appellants only challenge Section 16 of the Budget Reconciliation and Finance Act of 2014, and not the enactment in its entirety, they do not qualify for the exception.

Montgomery County v. Longo

187 Md. App. 25 · Court of Special Appeals of Maryland · Jul 7, 2009

and orders are clearly specified within prescribed procedures and time limitations.” … It was a complaint that the building, as it was being constructed, did not meet the requirements to qualify as an addition. Mr.

MARYLAND RACING COMMISSION v. Belotti

130 Md. App. 23 · Court of Special Appeals of Maryland · Dec 1, 1999

Subtitle 2 establishes the Commission, provides for its membership and staff, and sets forth its general powers. … The court wrote: “For the Stewards to forfeit an owner’s purse without notifying the owner of the right to be present at a hearing, is clearly violative of due process.”

Teeter v. State

65 Md. App. 105 · Court of Special Appeals of Maryland · Nov 7, 1985

The evidence was clearly sufficient to support appellant’s conviction under Art. 27, § 111. II. … He argues that the affidavit was clearly *113 hearsay and not within any recognized exception to the hearsay rule.

Anne Arundel General Hospital, Inc. v. O'Brien

49 Md. App. 362 · Court of Special Appeals of Maryland · Jul 13, 1981

After the new department was established, the Hospital Board selected Friedman as its chief. … An examination of this .case, however, clearly establishes that Christhilf was denied a continuation of medical staff privileges on the basis of thirty-two alleged improper procedures in his exercise of his privileges at

Samson v. State

27 Md. App. 326 · Court of Special Appeals of Maryland · Jun 30, 1975

His ignorance of the law does not give him immunity from punishment for crime. Hopkins v. State, 193 Md. 489, 498-499 . … The evidence of conspiracy with Oliver Fisher was clearly established as Fisher arranged the sale from appellant to the trooper. Wilson, Valentine and Nutter v. State, 8 Md. App. 653, 671 .

Gough v. Board of Zoning Appeals

21 Md. App. 697 · Court of Special Appeals of Maryland · Jun 25, 1974

So, here, while clearly the better practice would have been for the Board to make express findings, the mere surmise that Mr. … junkyard operation was conducted primarily on open land and did not utilize a permanent building or structure at the time of the enactment of the zoning ordinance was implicit in the Board’s determination that it did not qualify

Hahn v. Suburban Hosp. Ass'n, Inc.

54 Md. App. 685 · Court of Special Appeals of Maryland · May 17, 1983

It follows that such evidence, where admitted without objection, has the *696 force and effect as though it were admissible under the established rules of practice. … Hahn first came in, and if they had they would have kept her in the hospital, and the hospital was clearly below any acceptable standard when they didn’t have the radio in a position where the physician could provide the

Payne v. State

243 Md. App. 465 · Court of Special Appeals of Maryland · Dec 18, 2019

The issue before us is whether Payne established to the suppression court that he was in custody at the time of the statement given to police. … The use of “a” throughout this statute qualified each reference in the singular.

Schultz v. State

106 Md. App. 145 · Court of Special Appeals of Maryland · Aug 31, 1995

Being qualified to attribute the observed eye movements to a particular cause, however, is a far different matter.... … Sharp, 58 Md.App. 386, 396 , 473 A.2d 499 (1984), we noted: “Judicial notice of a fact is an acceptable substitute for formal proof of such fact, when formal proof is clearly unnecessary to enhance the accuracy of the fact-finding

Thomas v. STATE RETIREMENT AND PENSION SYSTEM

184 Md. App. 240 · Court of Special Appeals of Maryland · Feb 5, 2009

In January 2000, the MSP issued Special Order 23-001, which established new, uniform ASED procedures for the auditing of vehicle inspection stations. … The SRPS focused instead on the language in § 29 — 111(b)(1) that requires the retiree to establish that the incapacity is “without willful negligence by the member.”

Mitchell v. Baltimore Sun Co.

164 Md. App. 497 · Court of Special Appeals of Maryland · Sep 29, 2005

Clearly, Keswick was a comprehensive care facility at the time Congressman Mitchell was a resident, and thus, subject to the provisions of the Act. … Although we recognize that the provisions of the Nursing Home Resident’s Bill of Rights apply to qualified care facilities *513 and their employees, we find the privacy provisions contained therein indicative of community