Case law

Standifur v. State

64 Md. App. 570 · Court of Special Appeals of Maryland · Oct 4, 1985

Part (1), which is all that came in at trial, is clearly relevant. Part (2), the disserving portion, is irrelevant and was excluded from trial. … In the evidentiary hearing before the court, the State arguably established that Sly 'suspected that the gun was probably stolen.

Daniels v. Housing Authority

940 F. Supp. 2d 248 · District Court, D. Maryland · Apr 17, 2013

Defendants were also required to verify that the costs to be deducted were qualified medical expenses and that the costs incurred in past years were counted only once. Id. … Cohen was clearly provided by Park and available to Defendants in October 2011, not March or April 2012.

Joseph v. State

190 Md. App. 275 · Court of Special Appeals of Maryland · Feb 1, 2010

Clearly, the court understood from the prosecutor’s remarks that appellant had expressed a desire to “release” counsel. … Here, however, the evidence was clearly sufficient to sustain appellant's convictions. Indeed, he does not argue otherwise. [4] 4.

Shirley Johnson, Personal Representative of the Estate of Elbert Davis, Sr. v. Baltimore City Police Department

District Court, D. Maryland · Apr 23, 2021

At this stage, however, the record does not clearly establish the purpose of that $5,000 award, which presumably will be fleshed out as the litigation progresses. … immunity.

Muti v. University of Maryland Medical Systems Corp.

197 Md. App. 561 · Court of Special Appeals of Maryland · Feb 4, 2011

Actually, this could have been a motion for summary judgment at this point, but it could be considered—I mean, because substantively it is an issue and that person is clearly a necessary party. … Karetzky was not qualified to opine on the appropriate standards of care is obviated by our opinion that appellants made out a viable theory of medical malpractice using Dr.

Blackston v. Blackston

145 Md. App. 348 · Court of Special Appeals of Maryland · Jul 2, 2002

Blackston’s claim “that he was found in contempt without properly waiving his right to counsel”; (2) “the record establishes that the circuit court adequately protected Mr. … I’m sorry for the problems and difficulties, but if you run into financial difficulty that does not permit you to hire the attorney you desire, you should qualify—you should seek to qualify for the services of the Public

Watkins v. Butler

District Court, D. Maryland · Jan 3, 2024

Va. 2004) (noting that the fact that the guards violated the inmate’s “rights, standing alone, is insufficient to establish an Eighth Amendment claim against the City”). … Immunity The DPSCS Defendants argue that Plaintiff’s negligence claim against Powell fails because Powell is immune under the Maryland Tort Claims Act (“MTCA”), MD.

Saini

District Court, D. Maryland · Feb 20, 2026

The plaintiff, as the party asserting jurisdiction, bears the burden of establishing it. Id. … Here, the Sainis do not allege they submitted an administrative tort claim to the Navy, and the undisputed record establishes they did not.

Pack Shack, Inc. v. Howard County

371 Md. 243 · Court of Appeals of Maryland · Oct 9, 2002

Noting that § 12-304 is the only source for the right of appeal in contempt cases, it asserts that the language of that section clearly limits the appeal right to persons adjudged in contempt. … At the very least, to be intertwined, not to mention closely so, the matters must qualify for consolidation.

Madrid v. State

247 Md. App. 693 · Court of Special Appeals of Maryland · Oct 1, 2020

But the video recording clearly established that Detective Cruz did provide Madrid the advice of rights required by Miranda. … And there’s a list of what crimes qualify as underlying crimes.

Talbot County v. Town of Oxford

177 Md. App. 480 · Court of Special Appeals of Maryland · Nov 30, 2007

Michaels clearly qualified as projects “for which growth allocation has been awarded by [the Town of St. Michaels], but under Bill 933, would be considered unutilized and accordingly would revert to the County.” … NR § 8 — 1809(h) clearly provides that the action of the county is a mere proposal for amendment. By subsection (i), actual amendment does not occur until a proposal is approved by the Critical Area Commission.

State v. Seward

220 Md. App. 1 · Court of Special Appeals of Maryland · Oct 28, 2014

State, supra, 423 Md. 156, which recently established a right of appeal from the “denial” of a petition for writ of actual innocence, does not apply here, because the “grant” of an actual innocence petition, unlike its … The records, therefore, do not qualify as “newly discovered evidence.” Id. at 600-01 & n.9; Love v. State, 95 Md. App. 420, 430, cert. denied, 331 Md. 480 (1993).

Nathaniel Powell, Sr., et al. v. Harford County, Maryland

District Court, D. Maryland · Sep 4, 2026

In Harford County Branch of the NAACP, this Court again revisited the boundaries of various Maryland actors’ immunities when the perpetrators of the alleged wrongs were sheriffs working at a Harford County detention … Indeed, like Dotson reasoned, charter counties, through their councils, are empowered to “provide for the appointment of a qualified individual as managing official of the local correctional facility and for qualified

Blum v. Blum

59 Md. App. 584 · Court of Special Appeals of Maryland · Jul 12, 1984

Our scope of review is limited to whether those findings are clearly erroneous in light of all the evidence. … held that if one of the spouses incurs debt during the marriage to purchase marital property, and that debt or a portion thereof is outstanding when a monetary award is being considered, the value of the marital property qualified

Nails v. S & R, INC.

334 Md. 398 · Court of Appeals of Maryland · Apr 12, 1994

Punitive damages were sought in that case based upon the defendant’s alleged grossly negligent conduct in holding its employees out as qualified tax consultants when they were not qualified, and in inducing the plaintiffs … for” the misrepresentation, the plaintiff has established the “reliance element” of a fraud claim.

McCray v. State

305 Md. 126 · Court of Appeals of Maryland · Dec 24, 1985

The State filed an answer and conditional cross-petition for a writ of certiorari, arguing that certiorari should be denied because the testimony was clearly admissible and, even if not admissible, the error was harmless. … The broad discretion that is afforded a trial judge permits the admission of evidence that does not qualify as proper rebuttal.

Estate of Norman W. Greenwald, Sr. v. PNC Bank, N.A.

District Court, D. Maryland · Mar 8, 2022

“To the contrary, ‘[u]nless a proposed amendment may clearly be seen to be futile because of substantive or procedural considerations, . . . … since the proposed amendments would have also been dismissed under Rule 12(b)(6) on sovereign immunity grounds).

Donati v. State

215 Md. App. 686 · Court of Special Appeals of Maryland · Jan 29, 2014

Thus, there clearly was evidence connecting appellant to the 11 e-mails submitted from these addresses. … Relevance Appellant contends that the message was irrelevant because it was not clearly linked to other evidence in the case.

Green v. Washington Suburban Sanitary Commission

259 Md. 206 · Court of Appeals of Maryland · Oct 14, 1970

There is no specific minimum use requirement needed to establish a public right-of-way by prescription, although slight or occasional use of unenclosed land is not sufficient.. Feldstein v. … The finding of no liability obviates the need for us to discuss the appellants’ questions concerning punitive damages against the Sanitary Commission or the questions appellees have raised concerning sovereign immunity.

Garza-Ovalle v. Detention Officer Armstrong

District Court, D. Maryland · Jan 15, 2020

This exception to sovereign immunity “is designed to preserve the constitutional structure established by the Supremacy Clause.” Antrican, 290 F.3d at 184; see Stewart, 563 U.S. … A “prayer for injunctive relief—that state officials be restrained from enforcing an order in contravention of controlling federal law—clearly satisfies [this] ‘straightforward inquiry.’” Id.