Case law

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.

Neavitt v. Lightner

155 Md. 365 · Court of Appeals of Maryland · May 24, 1928

The proof on this record having failed to establish that Mrs. … The rule is clearly stated in Devlin on Beal Estate (3rd Ed.), áec. 1044.

Furley v. Warren-Ehret Co.

195 Md. 339 · Court of Appeals of Maryland · May 11, 1950

We are told that it is an established practice and custom for the Commission to defer sending up the record, upon request. … Moreover, the statute clearly contemplates prompt disposition of claims on appeal. The proceedings on appeal “shall be informal and summary.”

Mealey v. Mayor of Hagerstown

92 Md. 741 · Court of Appeals of Maryland · Feb 21, 1901

to be established. … This Act provided for its submission to the qualified voters of Hagerstown before it was to take effect.

Frey v. State

3 Md. App. 38 · Court of Special Appeals of Maryland · Jan 31, 1968

.); Varon, Searches, Seizures and Immunities, Vol. 1, p. 319. … We think that such testimony would have been clearly objectionable as hearsay, being an attempt to establish that the uncle had in fact brought the property there, a matter concerning which the witness had no first-hand knowledge

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

Maryland Racing Commission v. Castrenze

335 Md. 284 · Court of Appeals of Maryland · Jun 28, 1994

Initially at the hearing, the testimony of the Commission’s chief investigator established that Castrenze had been under a Delaware suspension when he raced ELLOREE in Maryland on July 24, 1990. … The uncontradicted evidence at the hearing established that trainer Pizzurro had been under a suspension by another jurisdiction when he raced the winning horse in Maryland on May 25,1991.

Gonzalez v. State

487 Md. 136 · Court of Appeals of Maryland · May 29, 2024

(citation omitted). 15 Form I-918, Supplement A (Petition for Qualifying Family Member of U-1 Recipient) is a form that a petitioner fills out with information about any qualifying family member included … That is clearly not correct—if a defendant has multiple reasons to lie, it cannot be the case that a denial of the right to impeach is reversible only if the defendant was denied the right to cross-examine about each reason

Webster v. Cambridge Female Seminary

78 Md. 193 · Court of Appeals of Maryland · Nov 16, 1893

At the same time, the Legislature, it is equally clear, has the right.to amend or repeal the franchises, privileges or immunities granted to the corporation. … different opinion, as the Legislature, in conceding that right, made the concessions subject to the reserved power to alter or repeal as ordained in the Constitution of the State and the several statutes mentioned, which clearly

Stanley v. State

313 Md. 50 · Court of Appeals of Maryland · Jul 1, 1988

And a “single invidiously discriminatory governmental act” was not “immunized by the absence of such discrimination in the making of other comparable decisions.” Id. … Nor can we say that Judge Buchanan’s implicit finding was clearly erroneous. The first two prongs of the Batson analysis are satisfied.

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.

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.”

E.N. v. T.R.

474 Md. 346 · Court of Appeals of Maryland · Jul 12, 2021

-K. four-factor test, but disagreed “that a person who qualifies as a de facto parent is not required, per se, to establish exceptional circumstances.” Conover, 450 Md. … The Court turned to the four factors for establishment of de facto parenthood and concluded that York had clearly set forth a prima facie case for the second, third, and fourth factors. See id.

Rochkind v. Stevenson

471 Md. 1 · Court of Appeals of Maryland · Aug 28, 2020

This Court has articulated two circumstances where a departure from the doctrine of stare decisis is permissible: “(1) when the prior decision is clearly wrong and contrary to established principles[;] or (2) when the … Clearly, neither of the circumstances that would warrant a departure from the doctrine of stare decisis—a prior decision is clearly wrong and contrary to established principles or existing precedent has been superseded

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.

Grimes v. Kennedy Krieger Institute, Inc.

366 Md. 29 · Court of Appeals of Maryland · Aug 16, 2001

There clearly was more than a minimal risk involved. … The experiment should be conducted only by scientifically qualified persons.

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.”

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

Prince George's Cty. v. Concerned Citizens

Court of Appeals of Maryland · Aug 22, 2023

Concerned Citizens has not established that CB-17 discriminates arbitrarily, either by providing examples of similarly situated properties that CB-17 treats differently or by establishing that its qualifying criteria are … Summary of Legislative History To summarize, the legislative record and various drafts of the Bill clearly establish the following.

Putzel v. Drovers & Mechanics' National Bank

78 Md. 349 · Court of Appeals of Maryland · Jan 12, 1894

To the extent of such use his title is clearly established. We have said that this use was not an ouster of the co-terminous owner from the possession of the soil. … But the. right to take down the wall is not absolute and unconditional; it is qualified in the manner which we have explained in a previous part of this opinion.