Case law

Tyler v. State

105 Md. App. 495 · Court of Special Appeals of Maryland · Jun 30, 1995

The transcript, therefore, did not qualify as Former Testimony. … Responsibility for Unavailability There is a second, and totally independent, reason why we cannot say that Judge Ahalt clearly abused his discretion.

Mayor of Ocean City v. Bunting

168 Md. App. 134 · Court of Special Appeals of Maryland · Apr 4, 2006

“specific” and “technical” in nature that it is clearly an issue for the Council and not the voters to resolve. … Municipal corporations in Maryland, such as Ocean City, are authorized by Article XI-E, §§ 3 and 4 of the Constitution of Maryland to adopt charters, and to amend or repeal provisions thereof, either by a petition of qualified

Bd. of County Commissioners of Garrett Cty. v. Bell Atlantic-Maryland, Inc.

346 Md. 160 · Court of Appeals of Maryland · Jun 19, 1997

Subsections (i) and (ii) clearly modify and qualify subsection (4) insofar as the entities enumerated therein are not owners within the contemplation of Miss Utility unless they meet the conditions set forth in subsections … Clearly, Bell is among the persons or entities that Miss Utility seeks to protect. Much the same can be said regarding the harm that befell Bell’s cables.

United States v. Lord-Mott Co.

57 F. Supp. 128 · District Court, D. Maryland · Jul 18, 1944

We reach the conclusion that, independently of the provision last quoted, in a criminal proceeding of this kind in the absence of some clearly expressed, valid provision in the law itself for an exclusive method of testing … But the Court can not blink the fact that they are naturally interested, or biased, in seeing that their work or the work of their associates in this matter is upheld, and when such highly qualified witnesses as the head

State v. J. M. Seney Co.

134 Md. 437 · Court of Appeals of Maryland · May 14, 1919

It is the incidents which give character to the business, affecting it with evil, it was thought, provoking therefore against it the power' of the States and taking away from it the immunity it else might have. … S. 606 ); between acts directed against a regularly established dealer and one not so established (Central Lumber Co. v. South Dakota, 226 U.

State v. Rogers

240 Md. App. 260 · Court of Special Appeals of Maryland · Mar 28, 2019

Rogers qualified as a tier II sex offender and was required to register upon release from prison because he was convicted of violating CR § 11-303 and his victim was a minor. Mr. … Rogers filed a complaint in the circuit court seeking a declaratory judgment that he was not required to register as a sex offender because, he argued, the State had failed to establish that his victim was, in fact, a minor

Archie v. State

161 Md. App. 226 · Court of Special Appeals of Maryland · Feb 14, 2005

The knock and announce rule is not immune from exceptions, however. … Only if the trial court's factual findings are clearly erroneous will we disturb its ruling. Wengert v. State, 364 Md. 76, 84 , 771 A.2d 389 (2001). 6 .

Roueche v. Hotel Braddock, Inc.

164 Md. 620 · Court of Appeals of Maryland · Apr 21, 1933

The distinction between an act of God and inevitable accident is clearly shown in Fergusson v. … When she establishes the relationship and her loss, she does make out a prima facie, case.

Motor Vehicle Administration v. Chamberlain

326 Md. 306 · Court of Appeals of Maryland · Apr 14, 1992

When the language is clearly consistent with the apparent purpose of the statute and the result is not absurd, no further research is required. Kaczorowski, 309 Md. at 515 , 525 A.2d at 633 . … Specifically, it determined that precluding those drivers who refuse to take a chemical test from qualifying for a restrictive license, while permitting those who take it, but fail, to qualify was a violation of due process

DENO CONSTANTINE KANARAS v. State

54 Md. App. 568 · Court of Special Appeals of Maryland · May 6, 1983

After about forty-five minutes, they left for the Golden Forty, another drinking establishment, arriving there at about 1:20 A.M. … Such attempted immunity extended to a man’s dwelling or mansion house has been said to be attributable to the early common-law principle that a man’s house is his castle.

Stoddard v. State

389 Md. 681 · Court of Appeals of Maryland · Dec 8, 2005

Rather, words qualify as a “statement” under the Rule if they constitute “an oral or written assertion.” … Implied assertions from speech intended as communication clearly come within the definition of a statement under rule 5.801(a)(1).

Baltimore & Ohio Railroad v. United States

217 F. Supp. 918 · District Court, D. Maryland · Jun 5, 1963

Co., 19 F.Supp. 862 (D.C.Minn.1937), indicate that in situations similar to the instant one, notations as to sizes of cars ordered or charges paid, absent other evidence to prove their correctness, clearly will not support … No testimony of any person qualified to testify as to what size vehicle would fit into any given size-flat car was presented.

Aspen Hill Venture v. Montgomery County Council

265 Md. 303 · Court of Appeals of Maryland · May 9, 1972

The District Council argues that such a proposition of law would require it to grant a requested commercial zoning as a matter of law once change or mistake has been established. … Without intending to qualify or minimize the legal effect of the cases cited above, we think that it would have been proper for the lower court to have considered the Faller decisions for the limited purpose of determining

Rood v. Rosen (In re Rood)

482 B.R. 132 · District Court, D. Maryland · Sep 29, 2012

PDA device” from which “a qualified intellectual technology professional ... [was] to download and store electronically the Debtor’s e-mails responsive to ... … Rood’s argument to the contrary, a finding of bad faith would clearly have been warranted.

Piscatelli v. Board of Liquor License Commissioners

378 Md. 623 · Court of Appeals of Maryland · Dec 9, 2003

Thus this activity qualifies neither as a form of ‘intimate association’ nor as a form of ‘expressive association’ as those terms were described in Roberts [v. … similar establishments.

Moses v. Moubarek

District Court, D. Maryland · May 21, 2020

Haque asserted that “no prison doctor is qualified to treat his condition or pain.” 2d Am. Compl. ¶ 69, ECF No. 131. … In October 2016, Defendants filed a Motion to Dismiss, asserting that several Defendants were immune from suit, that the remaining Defendants were entitled to qualified immunity, and that Moses failed to state a claim upon

Baber v. John C. Knipp & Sons

164 Md. 55 · Court of Appeals of Maryland · Jan 18, 1933

(Witness) : If you allow me I can answer yes, but I will have to qualify it. (Commissioner Crothers): This is all right, doctor. … It would seem to be established in this state, in workmen’s compensation cases, that “proximate cause” means that the result could have been caused by the accident, and that there has not intervened, between the accident

Fisher v. State

128 Md. App. 79 · Court of Special Appeals of Maryland · Sep 8, 1999

Judge Levitz clearly did not abuse his discretion in this case. … Now, clearly that’s not what we are dealing with here.

Blanks v. State

406 Md. 526 · Court of Appeals of Maryland · Nov 12, 2008

to a relation of trust and confidence,’ ” is not itself grounded in the Constitution; nevertheless, it is “ ‘essentially interrelated with the specific constitutional guaranties of the individual’s right to counsel and immunity … The prosecutor’s comment in rebuttal argument that defense counsel “barely skimmed over his own client’s silly testimony, because clearly he didn’t buy that mess either up on the stand,” was struck by the court and the jury

Ausar-El v. Hogan

District Court, D. Maryland · Mar 12, 2020

Contrary to Plaintiff's assertions, status as a Moorish American does not immunize one from the requirements to comply with State law. Such assertions have been consistently rejected. See Bey v. … Because the Complaint clearly has no basis in law and fact, it shall be dismissed as frivolous. Accordingly, the Complaint will be dismissed.