Case law

Gerting v. Wells

103 Md. 624 · Court of Appeals of Maryland · Aug 13, 1906

The form of his statement expresses clearly the meaning I have attributed to his reply to Frederick, viz.: “That he had owned some bonds, but that these all now belonged to William.” … Its further inference is that William, after qualifying as executor, got possession of this certificate,.and then illegally and fraudulently converted the bonds to his own use; thus by inference in the face of Charles declaration

In re Dart Drug Stores, Inc.

144 B.R. 299 · District Court, D. Maryland · Dec 10, 1991

In the first place, the forms were clearly offered as evidence of a material fact to prove the place of manufacture. … The author of the DART document clearly had the responsibility for picking up all of the inventory recapitulation submitted.

Pinkerton v. Slocomb

126 Md. 665 · Court of Appeals of Maryland · Nov 10, 1915

established as the foundation for such liability,” and we went on to say that there was no such legally sufficient evidence of it as would have justified the Court below in submitting the case to the jury. … He unquestionably showed that he was experienced and qualified to do such work as the appellant employed him to do on these steps, and that is not denied in the record.

Klein v. Colonial Pipeline Co.

55 Md. App. 324 · Court of Special Appeals of Maryland · Jul 8, 1983

Woodward, was qualified as an expert concerning fire fighting and fire protection. He was the president of the Bel Air Volunteer Fire Department and was involved in the sale and design of fire-fighting equipment. Mr. … The Circuit Court found that appellant’s expert testimony clearly established that Colonial’s fire-fighting system was adequate.

In Re Special Investigation No. 244

296 Md. 80 · Court of Appeals of Maryland · May 5, 1983

Technically the subpoena here may be to a third party since it does not clearly appear whether the recipient is an employee. In Perlman the recipient was not an employee. … Grand jury secrecy is well established in Maryland. For instance, in Coblentz v.

James v. State

14 Md. App. 689 · Court of Special Appeals of Maryland · Mar 21, 1972

At common law, according to the established prece *700 dents, when, during a trial, a defect in jurors occurred because of the death, illness, or misconduct of a juror or other cause necessitating his discharge, the practice … Further, the substituted juror had been fully examined by both sides on voir dire and accepted as a qualified alternate. There was no claim that he was unable to render a fair verdict. .

Barnhart v. Mandel

311 F. Supp. 814 · District Court, D. Maryland · Feb 17, 1970

[Emphasis supplied] Section 5-1 does not refer to section 4-1(b), but clearly implements the latter. Section 6-1 defines a “primary meeting” and states how it is to be called and conducted. … No extended discussion is required to establish that the Ohio laws before us give the two old, established parties a decided advantage over any new parties struggling .for existence and thus place substantially unequal burdens

National Wildlife Federation v. Foster

83 Md. App. 484 · Court of Special Appeals of Maryland · Jun 28, 1990

Morgan Little, whose name appeared on a list of qualified real estate appraisers maintained by the Register of Wills for the District of Columbia. … Justice would be served poorly if the Personal Representative has breached no fiduciary duty yet is unable to establish that in the D.C. court because he cannot pay these fees.

Commercial Union Insurance v. Porter Hayden Co.

116 Md. App. 605 · Court of Special Appeals of Maryland · Aug 29, 1997

Wilson, 99 Md.App. 305 , 637 A.2d 486 (1994), suggests a limitation on the broad discretion of a trial judge to deny summary judgment to a party who has seemed to qualify for such judgment in his favor. … We held the conclusion of the trial court to the contrary to have been clearly erroneous.

Meehan v. Macy

257 Md. 58 · Court of Appeals of Maryland · May 12, 1969

They were eminently qualified by unique and special knowledge gleaned from many years in the Department to pass judgment upon the effects of the Appellants’ statements on the morale and discipline of the Department. … In short, the policeman by the nature and character of his public employment has the most qualified and limited freedom of speech. Mr.

Goldberg v. Boone

167 Md. App. 410 · Court of Special Appeals of Maryland · Mar 1, 2006

The plaintiff was rendered paralyzed by the surgery... .The court went on to establish a two-pronged causation inquiry that required the plaintiff to prove, first, “that the additional undisclosed risk posed by defendant’ … Chisholm, 136 Md.App. 305 , 765 A.2d 662 (2001), this Court held that, “for a partial new trial to be ordered, ‘it must clearly appear that the effect of the error did not extend to all the issues tried,’ ” (quoting *438

Yates v. State

429 Md. 112 · Court of Appeals of Maryland · Oct 23, 2012

In the words of Grandison , this testimony establishes the “essential contents” of the hearsay from Jagd that Detective Hinton repeated to the jury. 341 Md. at 219 , 670 A.2d 398 . … State, 367 Md. 293, 305 , 786 A.2d 751 (2001) (stating that, to “qualify as a basis for second degree felony murder,” the “victim’s death, of course, must be ‘caused during the commission of, or attempt to commit,’ the underlying

Bodoy v. North Arundel Hospital

945 F. Supp. 890 · District Court, D. Maryland · Nov 20, 1996

Bodoy, in his deposition taken in this case, contended that he had watched other mechanics do the type of work for which he was hired at North Arundel, and that therefore, his twenty-five years at Mount Sinai qualified him … actions on the basis of race or national origin, including: a verbal counseling on September 18,1991, a written counseling on March 17, 1992, a written warning on January 6, 1993, and a written warning on March 10, 1993. 3 Clearly

DeLeon v. State

407 Md. 16 · Court of Appeals of Maryland · Dec 23, 2008

DeLeon contends that his objection to Officer Davis’ testimony qualifies as a “general” one, and thus preserves his appellate arguments that the gang membership evidence was not relevant, and was highly prejudicial. … Maybe they’re able to. establish the gang through an officer, but there was no establishment whatsoever in this .case. [Judge Battaglia]: So ... they ask about the excited utterance. What happens next? And ... Mr.

Bryant v. State

374 Md. 585 · Court of Appeals of Maryland · May 12, 2003

The record clearly indicates that the State fully bore the burden of establishing the aggravating circumstance beyond a reasonable doubt and retained the burden of convincing the sentencing body that the aggravating circumstance … The sentencing court refused to consider the asserted mitigator of disproportionate sentences because the statutory scheme clearly established which defendants, tried as adults, are death-eligible.

Fisher and Utley v. State

367 Md. 218 · Court of Appeals of Maryland · Dec 17, 2001

At any rate it was clearly established by the time of Foster [1791] that the unlawful act underlying the homicide must be a felony in order to render it murder. Other commentators reiterate the same rule." … Fisher argues that the proffered psychological profile evidence is relevant to the alternative form of physical child abuse, namely, physical injury as a result of a malicious act. [15] Bowers clearly establishes a totality

In Re Doctors Health, Inc.

238 B.R. 594 · United States Bankruptcy Court, D. Maryland · Aug 31, 1999

But in the circumstances of this case, the reserve was clearly intended to be held for the benefit of external providers. … Clearly § 19-713.2 is intended to give an added protection to external providers beyond that which already exists under § 19 — 712(b)(l)(ii).

Montgomery County Department of Health & Human Services v. Tamara A.

178 Md. App. 686 · Court of Special Appeals of Maryland · Mar 5, 2008

determination that Madeline, like Nathaniel, is a CINA, we said: The circuit court’s determination that Madeline was at a substantial risk of being subjected to the same conditions to which Nathaniel was exposed was not clearly … The juvenile court’s factual finding, which we affirmed, established that Ms. A. is neglecting Shirah, as that term is defined in CJP § 3-801(s).

Modern Social Education, Inc. v. Preller

353 F. Supp. 173 · District Court, D. Maryland · Jan 12, 1973

Preller, 352 F.Supp. 530 (D.Md.1972), the manager and operator of an establishment known as the Gayety Book Store, located at 407 E. … A State’s Attorney and a State Attorney General are immune from liability for damages allegedly flowing from acts committed in the performance of their duties. Scolnick v.

Day v. Kafritsas

District Court, D. Maryland · Sep 5, 2025

Thus, each dismissal of a complaint in its entirety as frivolous or malicious or for failure to state a claim qualifies as a “strike” under § 1915(g). See id. … The dismissal of Day’s complaint for failure to state a claim qualifies as a strike under §1915(g). See id.; Blakely, 738 F.3d at 609; 28 U.S.C. § 1915(g).