Case law

State v. Weisbrod

159 Md. App. 488 · Court of Special Appeals of Maryland · Oct 12, 2004

He never, therefore, qualified as the PERSON TESTED. The word “tested” is a past participle. … Darrikhuma asks us to extend the holdings of Sites and Brosan beyond the boundaries established in those cases.

Attorney Grievance Commission v. Merkle

440 Md. 609 · Court of Appeals of Maryland · Nov 24, 2014

“The rationale behind the clearly erroneous standard is settled. … In the present case, Bar Counsel did not establish that Mr. Merkle and Ms. Coates had a sexual relationship or that Mr. Merkle attempted to establish one.

Freeman v. State

Court of Appeals of Maryland · Jul 16, 2024

Tellingly, as to each of the above examples of a word having both an everyday meaning and a well-established slang meaning, the Merriam-Webster dictionary includes definitions that encompass both such meanings. … Our holdings in Johnson and Galicia firmly establish the point that where a witness renders an opinion based on specialized knowledge, training, or experience, the witness must be qualified as an expert to do so.

Met Laboratories, Inc. v. Reich

875 F. Supp. 304 · District Court, D. Maryland · Feb 3, 1995

Finally, it asks the Court to order DOL to notify all potentially interested parties that, in essence, MET is a fully and equally qualified NRTL. … Such a delay is clearly unreasonable and thus a violation of the settlement agreement.

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

Hausner

District Court, D. Maryland · Dec 1, 2025

Marine Personnel & Provisioning, Inc., 955 F.2d 382, 385, 385– 86 (5th Cir. 1992) (explaining Public Vessels Act does not clearly define “public vessel” and discussing meaning of public vessel (quoting Santos v. … Hausner’s claims in this case rest at the intersection of three statutes that waive the United States’ sovereign immunity to “establish the scope of this Court’s power to hear . . . claims involving operations

Standage v. Braithwaite

District Court, D. Maryland · Mar 18, 2021

But, the APA’s waiver of sovereign immunity is qualified. … Other circuits have endorsed the proposition that § 702 waives sovereign immunity for qualifying non-APA claims. See Michigan v. U.S.

Severe v. USA

District Court, D. Maryland · Oct 1, 2021

Qualified Immunity Moubarek asserts a qualified immunity defense in connection with the constitutional claims leveled against him. ECF 26-1 a 38. … While it is true that qualified immunity is ordinarily determined at the summary judgment stage of litigation, see Wilson v.

Berkson v. Berryman

63 Md. App. 134 · Court of Special Appeals of Maryland · May 13, 1985

Clearly they exist and Mr. … The effect of the default judgment is to establish Dr.

Board of Community College Trustees v. Adams

117 Md. App. 662 · Court of Special Appeals of Maryland · Jul 8, 1997

We hold that it clearly did. We explain. … This case was decided primarily on sovereign immunity grounds. The court, however, also addressed the merits in respect to several of the contentions made by Graney. .

Valcourt v. Ross

201 Md. 17 · Court of Appeals of Maryland · Nov 11, 1952

The statute qualifies this rule but does not do away with it completely. As this Court said in Askin v. … A right of way, like a burden of proof, will establish precedence when rights might otherwise be balanced. It helps us little when without it the balance would be unequal.

Goldstein v. Chestnut Ridge Volunteer Fire Co.

984 F. Supp. 367 · District Court, D. Maryland · Nov 13, 1997

Second, in 1881 the Baltimore County Fire Department was established. … Finally, in the years after its establishment the County Fire Department rapidly grew.

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

Monfred v. State

226 Md. 312 · Court of Appeals of Maryland · Aug 9, 1961

set of semi-nude photographs portraying a sequential “striptease.” 2 The magazines and photographs were openly displayed and offered for sale without overcharge along with other types of magazines on newsstands or in the establishments … But the real contention is—inasmuch as it is claimed that the suspect material is not “hard-core pornography”—that the appellants were immune from prosecution under the statute.

Nelson v. State

5 Md. App. 109 · Court of Special Appeals of Maryland · Sep 16, 1968

Nelson’s identity was clearly established by other witnesses and admitted by himself. The contention is frivolous. … Also, the mere presence of a person at the scene of a crime is not of itself sufficient to establish that that person was either a principal or an accessory to the crime or sufficient to establish any fact except that he

Horne v. State

321 Md. 547 · Court of Appeals of Maryland · Jan 9, 1991

The Court of Special Appeals apparently believed that it was incumbent upon Horne, who sought to impeach the witness, to proffer that the prior convictions qualified because they were final. … Moreover, Horne’s statement to the police officer that the motor scooter had been stolen clearly established his scienter. Once again, we disagree.

(2007)

92 Op. Att'y Gen. 154 · Maryland Attorney General Reports · Nov 9, 2007

The statute does not establish a time line or deadline for this review. C. … Thus, a board or commission established by a general executive order not based on any specific statute, a general administrative directive or a legislative resolution would not be "established by law."

Rachelson v. SECRETARY, US DHHS

834 F. Supp. 879 · District Court, D. Maryland · Sep 30, 1993

Plaintiff alleges that the woman hired is less qualified for the job than he. … His citation to this case in inappropriate because he fails to even establish a prima facie case of discrimination.

In Re Billy W.

387 Md. 405 · Court of Appeals of Maryland · Jun 13, 2005

In addition, the Act provides federal funds to develop statewide CASA programs and establishes criteria that a program requesting funds must meet to qualify. Victims of Child Abuse Act of 1990, Pub.L. … The record clearly establishes that Mr. B. previously had been determined to be indigent when he qualified for representation by the Public Defender’s Office. Moreover, when the trial judge stated that Mr.

State v. Toelle

10 Md. App. 292 · Court of Special Appeals of Maryland · Oct 7, 1970

And the record shows clearly that he was. On 1 August 1969 he appeared before the Grand Jury in response to a summons “to provide a handwriting exemplar.” … The immunity granted is in place of the right of a person to remain silent unless he chooses to speak in the unfettered exercise of his own will, and to suffer no penalty for such silence. See Malloy v.