Case law

Cleveland v. Mercantile Trust Co.

45 F. Supp. 205 · District Court, D. Maryland · May 26, 1942

Clark as co-trustee, who duly qualified. Thereafter, from time to time, *206 some uncontested roultine orders were passed in the administration of the estate. Mr. … Thomsen promptly qualified.

Middleton v. Frito-Lay, Inc.

68 F. Supp. 2d 665 · District Court, D. Maryland · Sep 27, 1999

“Unsupported allegations as to motive do not confer talismanic immunity from Rule 56.” Id. III. The standard for establishing claims of employment discrimination under either Title VII or § 1981 is the same. … Clearly Middleton has established that he is a member of a protected class, as he is a black male. The second and the third elements of the prima facie case however, require closer scrutiny.

Allnutt v. United States Deparment of Justice

99 F. Supp. 2d 673 · District Court, D. Maryland · May 23, 2000

He also requested “all documents within your office, your ‘other offices,’ and your ‘other establishments’ pertaining to this account.” The U.S. … The record also indicates that even if he had tried, Allnutt could not have established this link.

Beach v. State

75 Md. App. 431 · Court of Special Appeals of Maryland · Jun 7, 1988

First Termite Control Co., Inc., 646 F.2d 424 (9th Cir.1981). (2) Finding of Violation Appellant urges that the court was “clearly erroneous” in finding that he had violated the conditions of his probation. … If that explanation fails to establish, at least prima facie, that its efforts were reasonable, it will necessarily have failed to meet the “obligation” placed on it in Berry .

Supervisor of Assessments v. Greater Baltimore Medical Center, Inc.

202 Md. App. 282 · Court of Special Appeals of Maryland · Dec 1, 2011

BHI LLC was a special purpose entity established to facilitate the financing of the improvements on the land. … The Tax Court held that “[f|or the purposes of Maryland real property tax exemption law, GBMC [wa]s clearly the record owner of both the land and the improvement[s], and, therefore, [wa]s entitled to the charitable exemption

In the Matter of Judge Nickerson

473 Md. 509 · Court of Appeals of Maryland · May 27, 2021

Pursuant to that authority, this Court has established the position of Investigative Counsel. See Md. Rule 18-411(e). … The judicial disciplinary system established by the Maryland Constitution and Maryland Rules does not work if judges fail to cooperate with disciplinary investigations or comply with the terms and conditions established

Bienenfeld v. Bennett-White

91 Md. App. 488 · Court of Special Appeals of Maryland · Apr 29, 1992

Additionally, the chancellor required the father to allow the children *496 to continue attending Beth Tfiloh, so long as the children qualified to attend and the mother paid the entire cost of their attendance. 3 Following … Clearly, then, the decision of which party should be awarded custody was neither easy nor clearcut.

Comptroller of the Treasury v. Jalali

235 Md. App. 369 · Court of Special Appeals of Maryland · Jan 31, 2018

INTERNAL REVENUE CODE – NATURE AND EXISTENCE OF DEBT – To establish whether a bad debt qualifies for a bad debt deduction under 26 U.S.C. § 166(a), a taxpayer must prove a genuine intention to create debt, with reasonable … Tax Court has further narrowed Golsen’s application only to those cases “where a reversal would appear inevitable, due to the clearly established position of the [federal] Court of Appeals to which an appeal would lie.”

Stanley v. State

390 Md. 175 · Court of Appeals of Maryland · Dec 13, 2005

for a person who illegally possesses a firearm and has certain qualifying convictions for crimes of violence or certain controlled dangerous substances” and the Senate version declaring, “The bill establishes a felony that … On the contrary, unless the illegal possession of the firearm is established by proof of a “violation classified as a felony,” the establishment of the crime of violence under § 441(e) could not trigger the enhanced punishment

United States v. Furman

507 F. Supp. 848 · District Court, D. Maryland · Feb 12, 1981

Legal Background of Prosecutorial Misconduct Doctrine It has long been established that the courts are extremely reluctant to examine the evidentiary bases of grand jury indictments. … Finally, the sole case offered by the defendant to support his charge is clearly distinguishable on its facts. In United States v.

Kendall v. Housing Authority

196 Md. 370 · Court of Appeals of Maryland · Oct 31, 2001

But in each instance the court clearly recognized that the claimants were in fact dependent. … Unless this finding was clearly erroneous we are not at liberty to disturb it. *377 We think it was clearly supported by the testimony.

Young v. State

370 Md. 686 · Court of Appeals of Maryland · Aug 30, 2002

The finding that a defendant qualifies as an offender subjects him or her to the registration requirements of the statute at the time of release. … The court found that the intent of the Utah Legislature, in enacting the statute allowing for Internet notification, clearly was to establish a civil remedy. See id. at 1249 .

Harris v. Brinkley

33 Md. App. 508 · Court of Special Appeals of Maryland · Nov 4, 1976

Brinkley qualifies as a child under the provisions of the Estates and Trusts Article, Section 1-208 (b) (3) and therefore may inherit from the decedent.” … We do not find their decision to be clearly erroneous. Indeed we entirely agree with it.

McMahon v. Consistory of St. Paul's Reformed Church

196 Md. 125 · Court of Appeals of Maryland · Oct 5, 1950

Appellants contend, inter alia, that: the Consistory’s estate in remainder is a determinable, base or qualified fee simple, defeasible upon the Consistory ceasing to apply the income to the salary of the minister or pastor … In the circumstances the Consistory could not sell the property without a judicial decree establishing their title and removing the cloud cast upon it by appellants’ claims.

Horne v. Lyeth

4 H. & J. 431 · Court of Appeals of Maryland · Oct 15, 1818

In such a case the general effect, or natural and legal import .of the-word “heirs,” would be altered, abridged or qualified, by such subsequent express words of limitation annexed to them. So where heirs of the body! … In this case the words “heirs male” were qualified by the appended expressions “now living,” and C was clearly referred to, and designated under the character of presumptive heir Burchet vs. Durdant, 2 Ventries, 311.

Ashcraft & Gerel v. Shaw

126 Md. App. 325 · Court of Special Appeals of Maryland · May 3, 1999

A & G’s only action to have a guardian appointed for Larry was in response to Brault’s motion to appoint herself or another qualified person as guardian. … Here the communications are clearly privileged from disclosure at the instance of a third person.

State v. Payne & Bond

440 Md. 680 · Court of Appeals of Maryland · Dec 11, 2014

The attorneys for Payne and Bond objected to Detective Edwards’s testimony arguing, inter alia, that he should have been qualified as an expert. … Clearly, Detective Edwards’s testimony had significance in the present case.

Hodgson v. Payson

3 H. & J. 339 · Court of Appeals of Maryland · Dec 15, 1813

As to the other parts, there are some points so clearly established, as not to. admit of any doubt, and others, (and among them the one most material,) that are more questionable. When the complainant delivered R. … It appears clearly, that " after the delivery of tlie bill on Ólemenisdn to R.

Langston v. Riffe

359 Md. 396 · Court of Appeals of Maryland · Jun 28, 2000

The Act is clearly not procedural in nature. It neither creates nor alters any procedure for establishing or adjudicating paternity. … Md. 303 , 648 A.2d 439 , once the declaration became final, in the sense that it was no longer subject to review on appeal or pursuant to a timely filed motion under Rule 2-534 or 2-535(a), the finding of paternity was immune

Fitzzaland v. Zahn

218 Md. App. 312 · Court of Special Appeals of Maryland · Aug 1, 2014

hold that those findings are clearly erroneous. … App. at 488 (holding that an individual with an income of $22,000.00 qualified as a destitute adult child); Presley, 65 Md.