Case law

Love v. State

95 Md. App. 420 · Court of Special Appeals of Maryland · Feb 26, 1993

Conversely, effective assistance of counsel is not ipso facto the establishment of due diligence. … That also is clearly not the case. Under subsection (c), there are no “trump” cards.

Mayor of Baltimore v. Borinsky

239 Md. 611 · Court of Appeals of Maryland · Aug 2, 1965

Indeed, in my opinion, the case at bar is factually a far stronger case to establish an unconstitutional taking than was the factual situation in Prankel. … Another well qualified real estate expert, A.

Matter of Smith

16 Md. App. 209 · Court of Special Appeals of Maryland · Oct 5, 1972

That a child is in need of supervision must be established by a preponderance of the evidence. Code, Art. 26, § 70-18 (c). … And it sets out in unambiguous language that the “refusal of any person to submit to an abortion or to give consent therefor shall not be grounds for loss of any privileges or immunities to which such person would '""otherwise

Derrickson v. Circuit City Stores, Inc.

84 F. Supp. 2d 679 · District Court, D. Maryland · Feb 1, 2000

To establish a prima facie case of failure to promote in violation of § 1981 or Title VII, the plaintiff must show that he or she (1) is a member of a protected group; (2) applied for the position in question; (3) was qualified … However, statistics alone cannot establish a prima facie case of individual disparate treatment, for all four elements of a prima facie case must be established. Lowery v.

Phelps v. George's Creek & Cumberland Railroad

60 Md. 536 · Court of Appeals of Maryland · Jul 6, 1883

We think the declaration sought to ho introduced in both offers, apart from the objection of indeiiniteness in the expression, “these gentlemen in New York,” and the question of relevancy, was clearly inadmissible; because … We think the weight of authority to be, that, where the fact to be established is the intention with which an act has been done, to which act as matter oí' law no conclusive presumption attaches, as for instance the intention

Maloney v. State

17 Md. App. 609 · Court of Special Appeals of Maryland · Apr 26, 1973

Therefore, the court found, each of the elements of the crime of false pretenses had been established. … Special Panel with 2 alternate Jurors was selected from 22 Jurors found qualified by Court.” 4 .

Cohran v. Mahoney

District Court, D. Maryland · Sep 29, 2021

When considering whether a claim-is frivolous, § 1915(e)(2) grants courts “the unusual power to pierce the veil of the complaint’s factual allegations and | dismiss those claims whose factual contentions are clearly … The Court explained the rationale for judicial immunity, id. at 553-54: Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within

Gross v. King David Bistro, Inc.

83 F. Supp. 2d 597 · District Court, D. Maryland · Feb 1, 2000

Rheumatic disorders may be the result of direct effects of HIV or an immune response to HIV infection or result from confounding factors.” Pis.’ Resp. Ex. A, Robert W. … Finally, plaintiffs assert that Hoffman’s training and experience qualify him to testify. KDB does not contest Hoffman’s qualifications as a rheumatologist or immunologist.

United States v. LaRosa

993 F. Supp. 907 · District Court, D. Maryland · Oct 23, 1997

Rather than argue the merits, the Government asserts that the Government is immune from a claim for a larger refund within the context of an action brought under § 7405(b). … There, the IRS issued a levy against an escrow account which Stone had established under an agreement with the Department of Justice.

Johns v. Fritchey

39 Md. 258 · Court of Appeals of Maryland · Jan 21, 1874

Parke, B., says, the modern decisions have qualified the old doctrine that a man shall not be allowed to allege his own lunacy or intoxication, and total drunkenness is now held to be a defence. … The affidavits of Gardiner, Fritchey, Thomas and Mackintosh, who were the only parties besides the appellant, present at the transaction, clearly show he was then fully aware of the nature of the business he was doing, and

General Motors Acceptance Corp. v. Daniels

303 Md. 254 · Court of Appeals of Maryland · Jun 5, 1985

Although not dispositive, this fact tends to establish the existence of a contract of suretyship rather than a contract of guaranty. … Seymoure also did not qualify his signature in any manner. Thus, by the terms of the contract Seymoure agreed to be primarily and jointly liable with John for the purchase of the automo *264 bile.

State v. Roshchin

446 Md. 128 · Court of Appeals of Maryland · Jan 26, 2016

Under this provision, MAA clearly has authority to regulate those who provide commercial transportation services at BWI, which is no doubt why it was cited in the notice. 24 See TR 5-408(a)(1) (MAA “may ... … Indeed, the statute has been construed to provide MAA with state action immunity under the federal antitrust laws in connection with its regulation of commercial taxicabs at BWI.

Davis v. State

100 Md. App. 369 · Court of Special Appeals of Maryland · Jun 2, 1994

Sergeant Burton, due to his previous undercover narcotics work, also qualified as an expert in covert drug operations. … The record clearly demonstrates that Davis did not waive her right to counsel.

Spaulding v. Wells Fargo Bank, N.A.

920 F. Supp. 2d 614 · District Court, D. Maryland · Jul 23, 2012

Less than a month later, the bank informed the borrowers they only qualified for $74,000 and subsequently reduced the qualified amount to $41,400 due to a banking error. Id. … Moreover, Wells Fargo’s request for additional information in particular clearly warns “[i]f ALL of this information or a request for an extension is not received within ten (10) days, we will consider this request cancelled

Wright v. Gilbert

51 Md. 146 · Court of Appeals of Maryland · Mar 25, 1879

Apart from our Evidence Acts, the witness was clearly incompetent on account of interest. … The appellant’s prayers were based upon the evidence of Wilson Wright, to establish the parol promise, or contract made by the defendant’s testator, and as this evidence was properly excluded, there was no error in rejecting

Hughes v. State

14 Md. App. 497 · Court of Special Appeals of Maryland · Feb 16, 1972

If the Legislature feels it to be in the public interest to establish an age of consent for perverted sexual practice, as it has in *507 carnal knowledge of a female, it, of course, may do so. 9 But that § 554 does not “establish … His testimony clearly established that on 17 January 1971 while in Hughes’ apartment Hughes had requested him to get a book from Hughes’ car.

Seifert v. Gary

82 Md. App. 337 · Court of Special Appeals of Maryland · Mar 30, 1990

The same 30-day provision is set forth in Md.Rule 8-202(a) relating to appeals to this Court, including appeals from an orphans’ court. *342 The 30-day period established by see. 12-502(a) in appeals to the circuit court, … does not qualify as a final judgment.

McCord v. State

15 Md. App. 63 · Court of Special Appeals of Maryland · Mar 28, 1972

He made a qualified identification at the trial by testifying that the appellant “resembled” the other person who had run from the store but that he could not be certain of the identification. … The relevant evidence adduced in support of the State’s position that a trespass and asportation had been established showed that the appellant, in the presence of Mr. Blevis, had removed Mr.

Bastian v. Watkins, Clerk

230 Md. 325 · Court of Appeals of Maryland · Jan 9, 1963

The majority also hold that the words "followed by his telephone number, if any" clearly indicates "that a telephone is not required." … (b) No office established in the home of an attorney or solicitor shall qualify, under this rule, as a bona fide office, unless such office is in fact a bona fide office for his or her practice of law in Maryland, a bona

Wheeling v. Selene Finance

473 Md. 356 · Court of Appeals of Maryland · Apr 30, 2021

Rodriguez, who leased or owned real property for personal purposes, qualify for protection under the MCPA. … Significant to our analysis is the “reasonable inquiry” qualifying language added by amendment to the original language in the first reader.