Case law

McClain v. State

425 Md. 238 · Court of Appeals of Maryland · Mar 21, 2012

Billings’ statement into evidence because it did not qualify for admission under any of the hearsay exceptions. Clearly, it could not be admitted under Rule 5-612; after Ms. … This was clearly inconsistent with her statement.

Criscione v. US Nuclear Regulatory Commission

District Court, D. Maryland · Oct 6, 2020

And the waiver must be established by the statute itself. See Lane v. … Pena, 518 U.S. 187, 192 (1996) (“A statute’s legislative history cannot supply a waiver that does not appear clearly in any statutory text: ‘the “unequivocal expression” of elimination of sovereign immunity that we insist

McCauseland v. Baltimore Humane Impartial Society

95 Md. 741 · Court of Appeals of Maryland · Jun 17, 1902

Barnitz qualified as the executor thereof and proceeded to administer the estate. … It also appears clearly from the evidence submitted by the appellee that the mortgage debt, evidenced by the note, remains unpaid.

Philadelphia, Baltimore & Washington Railroad v. Green

110 Md. 32 · Court of Appeals of Maryland · Jan 13, 1909

This under all the authorities establishes the relation of carrier and passenger. … It is difficult to see how this testimony can have the slightest tendency to prove the facts sought to be established.

Squire v. Maryland Transit Administration

District Court, D. Maryland · Jul 18, 2023

A facial challenge asserts “that the allegations pleaded in the complaint are insufficient to establish subject matter jurisdiction.” Id. … Maryland has “adopted a two-part test to determine whether sovereign immunity applies in a specific case: (1) does the entity asserting sovereign immunity qualify, and (2) has the Legislature waived the immunity.”

Jones v. State

38 Md. App. 288 · Court of Special Appeals of Maryland · Dec 13, 1977

The record clearly shows that a written waiver was obtained from appellant before any interrogation was begun at that location. … You must find that the defendant’s confession has been corroborated by independent evidence to establish that a crime has been committed and this evidence need not establish by itself that a crime has been committed beyond

Benisek v. Lamone

348 F. Supp. 3d 493 · District Court, D. Maryland · Nov 7, 2018

Yes, that was clearly one of our many [goals]. Id. at 81 . … Most citizens can achieve this participation only as qualified voters through the election of legislators to represent them.

County Council v. Potomac Electric Power Co.

263 Md. 159 · Court of Appeals of Maryland · Oct 15, 1971

Judge Loveless, on appeal to the Circuit Court, found that Pepeo had established the need for the electric substation; that the criteria for the requested special exception had been clearly established by it; and that, in … Coles was eminently qualified as an expert. He received a Bachelor of Science Degree from Massachusetts Institute of Technology in 1957 and a Master’s Degree in 1959 in Electrical Engineering.

Smith v. State

186 Md. App. 498 · Court of Special Appeals of Maryland · Jul 6, 2009

The other elements of the privilege generally not being in issue, the establishment of compulsion establishes the privilege. … Would being asked to come to the station house and then being questioned behind closed doors qualify? Would a traffic stop qualify? Would a Terry stop on the street, with or without an attendant frisk, qualify?

Williams v. Morgan State University

District Court, D. Maryland · Sep 30, 2019

Though the plaintiff is not required to forecast evidence to prove the elements of the claim, the complaint must allege sufficient facts to establish each element. Goss v. … Williams counters that she has stated a claim for defamation and that it is not barred by the statute of limitations or qualified privilege.

Williams v. Morgan State University

District Court, D. Maryland · Sep 30, 2019

Though the plaintiff is not required to forecast evidence to prove the elements of the claim, the complaint must allege sufficient facts to establish each element. Goss v. … Williams counters that she has stated a claim for defamation and that it is not barred by the statute of limitations or qualified privilege.

Billig v. State

157 Md. 185 · Court of Appeals of Maryland · Apr 5, 1929

With the validity of the ordinance established, the remaining grounds for the demurrer to every one of the ten counts of the indictment- will next he examined. … The ninth and tenth counts were clearly demurrable. These counts were intended to charge violations of subsection (e) of the ordinance.

Jackson v. State of Maryland

District Court, D. Maryland · Mar 10, 2021

And, in turn, she has not alleged that she was qualified for that unnamed position. … Mar. 17, 2020) (noting that, while at the motion to dismiss stage, “a plaintiff need not conclusively establish that they were as or more qualified for the position than the employee who was promoted,” “a plaintiff’s raw

Duvall v. Hess

188 Md. 145 · Court of Appeals of Maryland · Mar 18, 1947

The *149 testimony in this case may be said to establish the following facts: Many years ago there was a little place called “Branchville” in the area in question. … Luers, 129 Md. 521, 528 , 99 A. 710 , the title to the Act was: “An Act for the incorporation of the town of Bowie, in Prince George’s County, and for the submission of this charter to the qualified voters of said town for

In Re Roberto D.B.

399 Md. 267 · Court of Appeals of Maryland · May 16, 2007

The paternity statute, clearly, did not contemplate the many potential legal issues arising from these new technologies, issues that will continue to arise unless the laws are rewritten or construed in light of these new … After noting that the proper standard, as established in Lassiter-Geers v.

Cannon v. Southland Life Insurance

263 Md. 463 · Court of Appeals of Maryland · Nov 15, 1971

The absence of such power was clearly set forth not only in the application, but in the receipt itself, upon which the plaintiff’s claim must stand or fall.” … The applicants were all younger than twenty and would not have qualified even if Southland had lowered the general minimum of twenty-five to twenty before they made application.

Evans v. McCoy

291 Md. 562 · Court of Appeals of Maryland · Oct 23, 1981

It clearly satisfies the test laid down in Mobile, J. & K.C.R.R. v. Turnipseed, 219 U.S. 35, 43 , 31 S. Ct. 136, 138 , 55 L. … The trial court dismissed SHA on grounds of sovereign immunity but overruled motions of the state officials asserting that defense. None of these rulings is challenged on this appeal.

Cull v. Wheltle

114 Md. 58 · Court of Appeals of Maryland · Nov 30, 1910

Act of 1900, Chapter 15, the Governor was .authorized to appoint, by and Avith the advice and consent of the Senate, three Commissioners for the term of two years and until their respective successors were appointed and qualified … Carter and similar cases are simply to the effect that, in the absence of some limitation, officers in this State hold over until their successors are appointed and qualify, in order to prevent an interregnum.

Harrod v. Baltimore City

District Court, D. Maryland · Oct 10, 2019

In order to establish Monell or supervisory liability, Harrod will have to establish that the Officer Defendants caused him constitutional injury at the time of his arrest on August 20, 2015. … Harrod correctly notes that it is conceivable that he will prove the requisite constitutional injury, but that the Officer Defendants' defense of qualified immunity will exempt them from liability.

Natural Resources Forest Conservation Act – Whether the Act Permits Forest Mitigation Banks that Merely Preserve Existing Forest, Rather than Create or Restore Forest

Maryland Attorney General Reports · Oct 27, 2020

The Advisory Group’s final report did not include any recommendation that existing forests should qualify for treatment as “mitigation bank[s].” … At first glance, it seems hopelessly ambiguous; paragraph (i) contains one verb without any subject, and the introductory clause contains a series of nested modifying phrases without clearly identifying the antecedent for