Case law

Ridgely v. State

75 Md. 510 · Court of Appeals of Maryland · Mar 16, 1892

This objection was sustained, and we think rightly sustained, for the testimony excluded was clearly hearsay and irrelevant. … under what circumstances evidence should he admitted or rejected when offered out of the proper order,” in the absence of any rule of Court upon the subject, is in the discretion of the trial Judge, “as the tribunal best qualified

Montague v. State

3 Md. App. 66 · Court of Special Appeals of Maryland · Feb 1, 1968

We find that the appellant’s flagrant disregard of the elementary principles of the Maryland traffic laws; operation of a motor vehicle without having qualified for an operator’s permit, which to us raises a prima facie presumption … Upon the record before us, we find that the trial judge’s finding was not clearly erroneous. Maryland Rule 1086. Judgment affirmed.

Frey v. Kirk

4 G. & J. 509 · Court of Appeals of Maryland · Dec 15, 1832

creditors are residents of other States or not, and no matter where the contracts are to be performed ; and if this cause were to be determined by our legislation solely, the plaintiff could not be entitled to any other than a qualified … Justice Johnson, is to be considered as final and conclusive of the law upon this subject, and Chief Justice Marshall, in 6 Peters, 348 , declares, ££ that whatever principles are established in that opinion, are to be considered

MediGrow LLC v. Natalie M LaPrade Maryland Medical Cannabis Commission

District Court, D. Maryland · Sep 16, 2020

Defendants assert a facial challenge to this Court’s subject matter jurisdiction, arguing that the allegations of the complaint establish their immunity to suit under the Eleventh Amendment to the United States Constitution … Aug. 23, 2011) (rejecting amendment as futile because qualified immunity shielded defendants).

Sites v. State

300 Md. 702 · Court of Appeals of Maryland · Sep 12, 1984

The record establishes that Jacob Edward Sites was stopped for drunk driving at approximately 12:45 a.m. on May 15, 1982. … Illinois, 406 U.S. 682 , 92 S.Ct. 1877 , 32 L.Ed.2d 411 (1972) clearly limited the scope of *712 that which may be deemed a critical stage of the criminal prosecution.

Stedman

District Court, D. Maryland · Jun 8, 2026

Taylor opposes the motion, arguing sovereign immunity, futility, and statutory immunity. ECF 33. Plaintiff has filed a reply. ECF 34. … to the Fourth Circuit’s well-established “policy to liberally allow amendment in keeping with the spirit of Federal Rule of Civil Procedure 15(a),” Galustian, 591 F.3d at 729; see also Coral v.

Wilder v. State

191 Md. App. 319 · Court of Special Appeals of Maryland · Mar 25, 2010

The State’s using this solely to show the jury — I mean, it’s clearly gonna prejudice them against my client. I don’t think I can say anything more clearly than that, Your Honor. … Neither officer had been proffered or qualified as an expert witness.

Winters v. State

301 Md. 214 · Court of Appeals of Maryland · Oct 24, 1984

All parties agree that Eader’s statements could not have been against her penal interest if she had previously received immunity. … He was clearly a *231 person aiding an officer authorized by law to execute the search warrant, who was present and acting in the execution of the warrant.

United States v. Willock

696 F. Supp. 2d 536 · District Court, D. Maryland · Mar 23, 2010

Laboratories are afforded latitude in establishing how this should be accomplished. … Ensor is qualified to provide opinion testimony in this case. II.

Sweet v. State

163 Md. App. 676 · Court of Special Appeals of Maryland · Sep 6, 2005

I am saying that clearly he is at risk. I don’t think I could look you in the eye and say he is not at risk, because clearly he is at risk if for no other reason than the fact that he re-offended. … There is nothing in the language or history of the statute to suggest that the court must use a quantitative yardstick to measure such risk; nor do we discern any legislative intent to establish a minimum “qualifying” level

United States v. Holland

59 F. Supp. 2d 492 · District Court, D. Maryland · Aug 31, 1998

Like North, Harris addressed the use of immunized testimony. 19 . … Although Hill accurately reports the contents of the PSR, trial testimony clearly established that the drug distribution conspiracy involved more than five participants. 51 .

In re Michael G.

107 Md. App. 257 · Court of Special Appeals of Maryland · Nov 30, 1995

The roles of the master and the chancellor in juvenile proceedings are well-established. Under CJP § 3-813 and Maryland Rule 911, a master for juvenile causes is expressly authorized to conduct hearings. … Under these circumstances, the statements clearly do not qualify as statements by a party-opponent.

Barbee v. Hecht Co.

61 Md. App. 356 · Court of Special Appeals of Maryland · Jan 11, 1985

Code art. 101, § 66(1) (1957, 1984 Cum.Supp.), which explains how one qualifies for payments from the Fund, must be read in pari materia with Section 36, which alone provides for the amount and method of payment. … Nevertheless, the Fund persuades us that to the extent Ferretto stands for the proposition that Section 36(4a) is applicable to the Fund’s payments for pre-existing impairments, it must be overruled. 1 The Fund was established

Evans v. State

304 Md. 487 · Court of Appeals of Maryland · Nov 12, 1985

Sibert of the Federal Bureau of Investigation was qualified as a firearms identification expert. … Each murder was clearly a separate offense.

Arbogast, Exec. v. MacMillan

221 Md. 516 · Court of Appeals of Maryland · Feb 23, 1960

On the contrary, these facts do not even raise a conjecture or a suspicious circumstance, and clearly did not justify submission of the issue of undue influence to the jury. Kuenne v. … Unless want of capacity, permanent in character be established by proof as existing at a time prior to the act, * * * the presumption of capacity attends the act, and must be overcome by evidence that affords a rational basis

Myerberg v. Hall

162 Md. 578 · Court of Appeals of Maryland · May 20, 1932

Tabeling el ail. against said building association, and have duly qualified; that one H. … At any rate, it is manifestly an incomplete paper, and clearly not in shape for delivery. It is not likely that the building association would have taken it in that shape. It would at least have had it acknowledged.

Mallon v. Frostburg State University

District Court, D. Maryland · Sep 15, 2021

FSU’s immunization policy “requires all students to be immunized or show proof of immunity for measles, mumps, rubella, diphtheria, and tetanus, and have documentation of such immunity on file with the Brady Health Center … Everyone involved had a duty of care to know the rules for which they were enforcing but clearly didn’t. They acted arbitrarily and capriciously.” (Id. at 7-8).

Jackson v. Jackson

34 L.R.A. 773 · Court of Appeals of Maryland · Nov 15, 1895

The evidence relied on to establish this marriage was general reputation, cohabitation and acknowledgment. … The whole law of the case was fully, fairly and clearly put before the jury in the instructions given at the instance of both parties.

Central Credit Union of Maryland v. Comptroller of Treasury

243 Md. 175 · Court of Appeals of Maryland · Jun 21, 1966

Even were the word “non-profit” held to apply to institutions other than those which are religious, charitable or educational in nature, Central could not qualify as a non-profit organization. … Judge Barrett, in an able and comprehensive opinion, held that Tabeo, an institution organized under the Federal Credit Union Act ( 12 U.S.C.A., §§ 1751-1775 ), was a federal instrumentality enjoying implied constitutional immunity

Attorney Grievance v. Malone

477 Md. 225 · Court of Appeals of Maryland · Jan 31, 2022

The hearing judge also found that Bar Counsel established the existence of several aggravating factors, and that Mr. Malone failed to establish the existence of any mitigating factors. A. … After Sugarman’s immunized testimony from the criminal trial was admitted at his disciplinary hearing, the disciplinary panel recommended disbarment. See id.