Case law

Edwards v. State

453 Md. 174 · Court of Appeals of Maryland · May 24, 2017

Instead, as clearly delineated in the statute, the petitioner need only show that there is a reasonable probability that the testing has the scientific potential to produce exculpatory or mitigating evidence. … The State claims that DNA cannot establish a negative, meaning that although the presence of Appellant’s DNA on the lighter would tend to establish he was the perpetrator, the absence of his DNA would not tend to establish

Ferguson v. United States

District Court, D. Maryland · Aug 2, 2021

Section 8-15.2, entitled “Removing Snow and Ice” states in pertinent part: You must establish snow and ice removal plans where necessary. … Moreover, this Court is not alone in concluding that this decision “clearly ‘involves an element of judgment or choice.’” Id.

In Re Adoption/Guardianship No. 6Z970003

127 Md. App. 33 · Court of Special Appeals of Maryland · Jun 23, 1999

On November 21, 1994, Justus’s mother died of Acquired Immune Deficiency Syndrom (AIDS). … It did so in accordance with the established practice of the juvenile court in Montgomery County in guardianship cases.

Gallaher v. Trustees of the Cherry Hill Methodist Episcopal Church of Cherry Hill, Inc.

42 Md. App. 186 · Court of Special Appeals of Maryland · Apr 12, 1979

Furthermore, it would establish, by judicial fiat, a rule which is unsupported in principle or authority. At the outset, we note that the purchaser of a cemetery lot does not acquire a fee simple interest. … We cannot say that the decree entered by Judge Everngam was “clearly erroneous,” or, indeed, that it was erroneous at all. Judgment affirmed; costs to be paid by appellees. 1 .

Chesapeake Bay Foundation v. Bethlehem Steel Corp.

608 F. Supp. 440 · District Court, D. Maryland · May 6, 1985

While the Act contemplates encouraging states to enforce more stringent permit requirements than the federal government, a state, by adopting a very short statute of limitations, could make permit violators nearly immune … Congress clearly intended that the citizens’ suit provision of the Act be available for continuing violations.

Goodrich v. State

Court of Appeals of Maryland · Oct 24, 2025

Goodrich clearly and unequivocally asserted his right to self-representation. … Goodrich characterizes the statement in which he advised the court that he wanted an attorney as a statement in which he “expressed a general preference for an attorney [that] was immediately qualified by his statements

Mahammend v. Green

District Court, D. Maryland · Aug 8, 2024

The grievance was dismissed “as wholly lacking in merit” because Mahammend “failed to establish a claim for which [the IGO] can grant relief.” (/d.) A provision of Code Md. Regs. … immunity; and, to the extent Mahammend’s claims are asserted against them in their official capacity, they are entitled to Eleventh Amendment immunity.

In Re Danielle B. & Deon A.

78 Md. App. 41 · Court of Special Appeals of Maryland · Jan 20, 1989

When the question is one of law, clearly the Judge may decide whether that Master has erred. Not so clear is the case as here. This bald assertion is clearly in error. … The parens patriae jurisdiction of circuit courts in this State is well established.

Khan v. Children's National Health System

188 F. Supp. 3d 524 · District Court, D. Maryland · May 19, 2016

The United States Supreme Court articulated the standard for a future injury qualifying as an injury in fact in Clapper v. … Nor do the circumstances of the data breach clearly indicate that the hackers’ purpose was to use patients’ personal data to engage in identity fraud.

John B. Parsons Home, LLC v. John B. Parsons Foundation

217 Md. App. 39 · Court of Special Appeals of Maryland · Apr 30, 2014

Baker established a trust (“the Baker Trust”). … The qualifying words “as hereinafter set forth,” therefore, limit the conveyance to the property listed in the articles of sale.

Tide Water Canal Co. v. Archer

9 G. & J. 479 · Court of Appeals of Maryland · May 15, 1839

It is clearly the duty of the court to interfere in such a case, if the facts come properly before them.” … The jury are to apply the rule, but the rule itself is. to be established by the courts.

United States v. Rigatuso

719 F. Supp. 409 · District Court, D. Maryland · Jul 18, 1989

And whatever this Court’s determination on defendant’s competency, it will not be overturned unless it is clearly arbitrary or unwarranted. Ted Bundy v. … Blumberg did not attempt to qualify his opinion in any way but he did, however, testify that the defendant suffers from several mental disorders.

Carroll County Ethics Commission v. Lennon

119 Md. App. 49 · Court of Special Appeals of Maryland · Jan 8, 1998

Fisher has been qualified as an expert witness on legal matters” before various courts in Maryland (emphasis ours), there is no indication that he testified as an expert in this case. … Finding no other support for Lennon’s position, we view the trial court’s finding as clearly erroneous, and conclude that Lennon was, in fact, employed by the Battaglias on March 21,1995. B.

Purnell v. Beard & Bone, LLC

203 Md. App. 495 · Court of Special Appeals of Maryland · Mar 1, 2012

Susan Pusey, qualified as an expert in title abstracting, testified that she prepared chains of title for the Beard & Bone, Cantwell, and Purnell properties. … The Purnell[s] produced no evidence that any predecessor in title to [Beard & Bone’s] parcel had ever taken any action to clearly indicate any intent to abandon any easement.

State v. Boone

284 Md. 1 · Court of Appeals of Maryland · Nov 16, 1978

The short of it is that the Deputy Sheriff was clearly not conducting an inventory search under a community caretaking function. … We are in full accord with the findings of the Court of Special Appeals: “Mach clearly did not have probable cause to believe the credit cards were incriminating before he seized them.

Abron v. Black & Decker Manufacturing Co.

439 F. Supp. 1095 · District Court, D. Maryland · Oct 11, 1977

It is clearly established as the law of this Circuit that when a plaintiff presents sufficient statistical evidence of discrimination he or she has made out a “prima facie” case under Title VII and the burden is upon the … Viewed in combination with the statistical evidence concerning the percentage of black employees holding the lowest ranking job grades and classifications, the system employed by the defendant clearly acts to perpetuate racial

Guttman v. Associates Commercial Corp. (In Re Furley's Transport, Inc.)

272 B.R. 161 · United States Bankruptcy Court, D. Maryland · Sep 6, 2001

The Trustee also established that each of these transfers was made on account of an antecedent debt. … ACC qualifies as an initial transferee with respect to both the Monetary Transfers and the Oklahoma and Pennsylvania Trailers.

Goren v. United States Fire Insurance

113 Md. App. 674 · Court of Special Appeals of Maryland · Feb 6, 1997

He has not been qualified as an expert. He has testified as to his investigation. It does go to the ultimate issue in this case as to causation. … Moreover, although appellee’s accident reconstruction expert, Leibnow, testified to some of the same conclusions that Trooper Robbins offered, Robbins’s testimony was clearly more damaging to appellant.

Smith v. Bennet

District Court, D. Maryland · Dec 14, 2022

immunity. … Summary judgment is appropriate when the moving party establishes that “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a).

Estate of Blair v. Austin

469 Md. 1 · Court of Appeals of Maryland · Jun 2, 2020

Blair, an unarmed civilian, but the evidence did not clearly establish when Officer Austin discharged his firearm. … with Judge Hotten’s opinion is not that it reaches the wrong result, but that the opinion muddies the waters about the issue that is before the Court and how to resolve it. 5 immunity