Case law

In Re Elrich S.

416 Md. 15 · Court of Appeals of Maryland · Sep 24, 2010

not qualified.” … Moreover, a disqualifying prejudice cannot be definitively established simply from the exercise of related judicial functions. See United States v.

Johnson v. State

63 Md. App. 485 · Court of Special Appeals of Maryland · Jun 5, 1985

Despite the doubt concerning its justification, however, the exception is well established.” (Footnotes omitted.) In Moore v. … We find that the facts surrounding the victim’s statements to Officer Bowen clearly satisfied the requirements of the excited utterance exception.

Elat v. Ngoubene

993 F. Supp. 2d 497 · District Court, D. Maryland · Jan 21, 2014

Burke’s opinion, “the climate of fear established by the Ngoubene family was effective in keeping Ms. … "Rule 702 does not require that a court rely solely on an individual’s education to qualify him as an expert.

Ross v. State

308 Md. 337 · Court of Appeals of Maryland · Jan 14, 1987

Where murder is established, and where it is further shown that the murder was deliberate, wilful and premeditated, this murder is of the first degree. … A defendant charged in the statutory language employed in this case is clearly apprised that he is being charged with the crime of murder and that he may be convicted of murder in either degree, or manslaughter.

Regents of the University of Maryland v. Williams

9 G. & J. 365 · Court of Appeals of Maryland · Jun 15, 1838

The provisions of the act of 1798, ch. 105, making it the duty of the “Board of Medical Examiners” to grant licenses to such as should apply, and who, on examination, should be found qualified to practise physic or surgery … But the faculties of physic and of -thé arts and sciences, are indefinite parts, — clearly the faculty of the arts and sciences.

Pinnacle Grp., LLC v. Kelly

235 Md. App. 436 · Court of Special Appeals of Maryland · Feb 1, 2018

Section 5.3 of the Agreement clearly indicates an intent to integrate all previous negotiations. Ms. … The determination of whether a defendant qualifies as an employer presents a mixed question of law and fact.

Office of People's Counsel v. Maryland Public Service Commission

355 Md. 1 · Court of Appeals of Maryland · Jul 27, 1999

These mandates clearly remain unchanged by the 1995 legislation enacting § 69(e). … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor

United States v. D. H. Dave, Inc.

424 F. Supp. 424 · District Court, D. Maryland · Dec 28, 1976

There is no question of the power of Congress to define the limits of its waiver of sovereign immunity. … Additionally, it perhaps is not out of line to comment that there never was a case more clearly within the purpose of the statute of limitations than the present one.

Goodwich v. Nolan

343 Md. 130 · Court of Appeals of Maryland · Aug 5, 1996

She thus argues that, rather than to shield the subject(s) of peer review discussions, Maryland’s peer review statute, like that of many other states, was designed to provide immunity from liability for those person who give … Although an HCAO arbitration panel is not “an administrative agency in the traditional sense[,]” Johnson, supra, 282 Md. at 285 , 385 A.2d at 63 , it clearly operates in a quasi-judicial capacity such that we find administrative

Terrence Newman v. State

236 Md. App. 533 · Court of Special Appeals of Maryland · Apr 4, 2018

What has been omitted, inadvertently or advertently, in such a formulation is the critical qualifier “unfair.” … Even in a case where the defendant might not be challenging the establishment of his identity, it would still be incumbent on the State to prove the identity of the defendant and to establish his criminal agency.

BOARD OF EDUC. OF AA CTY. v. Barbano

45 Md. App. 27 · Court of Special Appeals of Maryland · Feb 14, 1980

The teacher shall be observed by more than one qualified person each year as determined by the superintendent. 3. … Provision shall be made for an over-all assessment by the evaluator which clearly indicates a satisfactory or unsatisfactory rating. 5.

Great Coastal Express, Inc. v. Schruefer

34 Md. App. 706 · Court of Special Appeals of Maryland · Feb 7, 1977

The only testimony remotely relating to that was about a prospective wage rate or productivity increases: “Q Now, what other factors did you take into consideration in attempting to establish his perspective earning loss? … The issue of prospective cost of living increases was not clearly raised below and certainly was not preserved for our review by an objection.

Williams v. Coppin State University

District Court, D. Maryland · Aug 22, 2024

See Doe, 2019 WL 6215543, at *4 (concluding that allegations of intentional misconduct are sufficient to establish malice). … Md. 2021) (quoting Stern, 380 Md. at 720–22 (noting that a statutory waiver of qualified immunity must be read in a “narrow light”)).

Dixon v. DeLance

84 Md. App. 441 · Court of Special Appeals of Maryland · Oct 1, 1990

Nevertheless, the Court pointed out that evidentiary relevance was not the test to be applied to a statement to determine whether it qualified for the privilege: We quite agree however with Bramwell, J.A. in Seaman v. … The court was not clearly erroneous in so concluding and did not abuse its discretion in imposing the sanction on DeLance’s motion.

United States v. Brown

973 F. Supp. 530 · District Court, D. Maryland · Jul 25, 1997

To establish prejudice, Brown must show that, but for her attorney’s advice, she would have pleaded guilty. See Strickland v. Washington, 466 U.S. 668, 694 , 104 S.Ct. 2052, 2068 , 80 L.Ed.2d 674 (1984). … The Fourth Circuit expressly stated that the determination that Brown was responsible for 50 or more kilograms of cocaine was not clearly erroneous.

Downer v. Baltimore Cnty

247 Md. App. 308 · Court of Special Appeals of Maryland · Aug 26, 2020

Motor Vehicle Admin. 346 Md. 437, 447 (1997) (citations and internal quotation marks omitted). 6  Baltimore County currently maintains detailed job descriptions that clearly … The term “paramedical” is then defined as: “Supplementary to or supporting the work of medically qualified personnel.” Id.

Klass v. Klass

377 Md. 13 · Court of Appeals of Maryland · Sep 8, 2003

The remaining aspects of the judgment — the grant of a monetary award to Kathy, the reduction of that award to judgment, the entry of a Qualified Domestic Relations Order directing a lump sum distribution to Kathy from Lawrence … Continuation of the action with respect to those matters was clearly subject to the stay, while the stay was in effect.

People's Counsel v. Public Service Commission

259 Md. 409 · Court of Appeals of Maryland · Oct 30, 1970

The Commission is by its very nature and by its particular relationship to the legislation in question especially qualified to aid the Courts in the discovery of the legislative intent. … is clearly on the Company.

Livingston v. State

317 Md. 408 · Court of Appeals of Maryland · Oct 11, 1989

It is the fact of the lawful arrest which establishes the authority to search, and we hold that in the case of a lawful custodial arrest a full search of the person is not only an exception to the warrant requirement of the … Clearly then, a reasonable search under such circumstances is predicated upon a prior lawful arrest.

Robinette v. Hunsecker

439 Md. 243 · Court of Appeals of Maryland · Jul 18, 2014

Such a court order is called a “qualified domestic relations order” or “QDRO” in ERISA lingo. See 29 U.S.C. §1056(d)(3); 26 U.S.C. §414(p). … That may be to Wife’s advantage in the current litigation, but it does not give a sensible meaning to the Agreement, or to paragraph 8 in particular, which clearly accords Ex-Wife a 50 percent “equitable interest” in Husband