819 A.2d at 1038 Protecting parental liberty interest under due process5 citing casesCertain fundamental rights are protected under the U.S. Constitution, and among those rights are a parent's 14th Amendment liberty interest in raising his or her children as he or she sees fit, without undue interference by the State.
- John A. Ex Rel. A.A. v. Bd. of Educ., 929 A.2d 136 (Md. 2007).published(Certain fundamental rights are protected under the U.S. Constitution, and among those rights are a parent's 14th Amendment liberty interest in raising his or her children as he or she sees fit, without undue interferen…)
- Hall v. State, 139 A.3d 936 (Md. 2016).published (discussing the fundamental rights of a parent in relation to their child)
- State v. Katianne S., 740 N.W.2d 13 (Neb. 2007).publishedIn re Yve S., 373 Md. 551, 565 , 819 A.2d 1030, 1038 (2003).
- Koshko v. Haining, 921 A.2d 171 (Md. 2007).published In re Samone H., 385 Md. 282, 300 , 869 A.2d 370, 380 (2005) (stating that “(a] parent’s interest in raising a child is, no doubt, a fundamental right, recognized by the United States Supreme Court and this Court,” and cataloguing cases);…
819 A.2d at 1051 Denying leave to appeal and deferring appeal consideration4 citing cases
- In Re Shirley B., 18 A.3d 40 (Md. 2011).published See Yve S., 373 Md. at 587 , 819 A.2d at 1052 (“The burden is on the parent previously having been found to have abused or neglected his or her child to adduce evidence and persuade the court to make the requisite finding under [Section] 9…
- In Re Adoption/Guardianship of Cadence B., 9 A.3d 14 (Md. 2010).published See Yve S., 373 Md. at 587 , 819 A.2d at 1052 (“The burden is *158 on the parent previously having been found to have abused or neglected his or her child to adduce evidence and persuade the court to make the requisite finding under [Secti…
- In Re: R.S., 235 A.3d 914 (Md. 2020).publishedYve S., 373 Md. at 586 , 819 A.2d at 1051 (internal citations omitted).
- Burak v. Burak, 168 A.3d 883 (Md. 2017).published Id. at 586 , 819 A.2d at 1051 (citations omitted).
819 A.2d at 1046 Placing children for adoption or guardianship4 citing casesadditions in original
- In Re Karl H., 906 A.2d 898 (Md. 2006).published (additions in original)
- In Re Ashley E., 874 A.2d 998 (Md. 2005).published Permanency Plans in CINA Proceedings In response to concerns that children were being lost in the foster care system without belonging to a permanent family, Congress enacted Public Law 96-272, the “Adoption Assistance and Child Welfare Ac…
- In Re Billy W., 874 A.2d 423 (Md. 2005).published (additions in original)
- In Re Samone H., 869 A.2d 370 (Md. 2005).published (additions in original)
819 A.2d at 1048 Denying leave to appeal in capital case4 citing casesadditions in original
- In Re Karl H., 906 A.2d 898 (Md. 2006).published Id. at 577-81, 819 A.2d at 1046-48 (additions in original).
- In Re Ashley E., 874 A.2d 998 (Md. 2005).published Permanency Plans in CINA Proceedings In response to concerns that children were being lost in the foster care system without belonging to a permanent family, Congress enacted Public Law 96-272, the “Adoption Assistance and Child Welfare Ac…
- In Re Billy W., 874 A.2d 423 (Md. 2005).published Id. at 577-81, 819 A.2d at 1046-48 (additions in original).
- In Re Samone H., 869 A.2d 370 (Md. 2005).published Id. at 577-81, 819 A.2d at 1046-48 (additions in original).
819 A.2d at 1049 Revisiting permanency goals in child welfare hearings3 citing casesobserving that “the goal of the permanency plan is re-visited periodically at hearings to determine progress and whether, due to historical and contemporary circumstances, that goal should be changed
- In Re Adoption/Guardianship of Cadence B., 9 A.3d 14 (Md. 2010).published See Yve S., 373 Md. at 587 , 819 A.2d at 1052 (“The burden is *158 on the parent previously having been found to have abused or neglected his or her child to adduce evidence and persuade the court to make the requisite finding under [Secti…
- Dept of H&W v. Does I, No. 45020 (Idaho Apr. 24, 2018).publishedSee In re Ashley S., 66 A.3d 1022, 1037 (Md. 2013); In re Yve S., 819 A.2d 1030, 1049 (Md. 2003); In re Care and Protection of Lloyd, No. 01-P-900, 2002 WL 21725 , at *1 (Mass. App. Ct. 2002). 1 We agree with these states that the abuse of…
- In Re Ashley E., 874 A.2d 998 (Md. 2005).published Permanency Plans in CINA Proceedings In response to concerns that children were being lost in the foster care system without belonging to a permanent family, Congress enacted Public Law 96-272, the “Adoption Assistance and Child Welfare Ac…
819 A.2d at 1052 The burden is on the parent previously having been found to have abused or neglected his or her child to adduce evidence and persuade the court to make the requisite finding under [Section] 9-101(b).2 citing cases
- In Re Shirley B., 18 A.3d 40 (Md. 2011).published (The burden is on the parent previously having been found to have abused or neglected his or her child to adduce evidence and persuade the court to make the requisite finding under [Section] 9-101(b).)
- In Re Adoption/Guardianship of Cadence B., 9 A.3d 14 (Md. 2010).published (The burden is *158 on the parent previously having been found to have abused or neglected his or her child to adduce evidence and persuade the court to make the requisite finding under [Section] 9-101(b).)
819 A.2d at 1043 cited at this page2 citing cases
- In re: T.K., 279 A.3d 1010 (Md. 2022).publishedIn re Yve S., 373 Md. 551, 572 , 819 A.2d 1030, 1043 (2003); In re Billy W., 386 Md. at 685 , 874 A.2d at 429 (“[T]he General Assembly has enacted a comprehensive statutory scheme to ascertain whether a child is in need of assistance due t…
- In Re Blessen H., 898 A.2d 980 (Md. 2006).published Id. at 573-76, 819 A.2d at 1043-45 (emphasis added); see also In re Adoption/Guardianship Nos.
819 A.2d at 1068 discussing the parameters this Court has established for finding harmless error2 citing cases
- Roy v. Dackman, 124 A.3d 169 (Md. 2015).published In re Yve S., 373 Md. 551, 615-16 , 819 A.2d 1030, 1068 (2003).
- Hall v. Univ. of Maryland Med. Sys. Corp., 919 A.2d 1177 (Md. 2007).published(discussing the parameters this Court has established for finding harmless error)
819 A.2d at 1039 cited at this page2 citing cases
- In Re Maria P., 904 A.2d 432 (Md. 2006).published In re Yve S., 373 Md. 551, 566-58 , 819 A.2d 1030, 1039-40 (2003)(quoting In re Mark M., 365 Md. 687, 705 , 782 A.2d 332, 342-43 (2001)).
- In Re Billy W., 875 A.2d 734 (Md. 2005).published In re Yve S., 373 Md. 551, 566-67 , 819 A.2d 1030, 1039 (2003); In re Mark M., 365 Md. 687, 705-06 , 782 A.2d 332, 343 (2001).
819 A.2d at 1042 Presumption favoring maintaining parental rights in child welfare3 citing casesstating that “[t]he best interests of the child standard embraces a strong presumption that the child’s best interests are served by maintaining parental rights
- In Re Adoption/Guardianship of Victor A., 872 A.2d 662 (Md. 2005).published Id. at 571, 819 A.2d at 1042 (internal citations omitted).
- In Re Najasha B., 972 A.2d 845 (Md. 2009).published(stating that “[t]he best interests of the child standard embraces a strong presumption that the child’s best interests are served by maintaining parental rights)
819 A.2d at 1055 cited at this page1 citing case
- In re Ashley S., 66 A.3d 1022 (Md. 2013).publishedSee In re: Adoption/Guardianship of Alonza D., Jr., 412 Md. 442, 464 , 987 A.2d 536, 549 (2010); In re: Yve S., 373 Md. 551, 594 , 819 A.2d 1030, 1055 (2003) (quoting In re: Barry E., 107 Md.App. 206, 220 , 667 A.2d 931, 938 (1995)).
819 A.2d at 1041 cited at this page1 citing case
- In Re: Adoption/guardianship of Rashawn H., 937 A.2d 177 (Md. 2007).published See In re Mark M., 365 Md. 687, 705-06 , 782 A.2d 332, 342-43 (2001); In re Yve S, 373 Md. 551, 570-71 , 819 A.2d 1030, 1041-42 (2003); In re Billy W., 386 Md. 675, 684 , 874 A.2d 423, 429 (2005) ("the best interests of the child may take…
819 A.2d at 1044 cited at this page1 citing case
- In Re Ashley E., 874 A.2d 998 (Md. 2005).published Permanency Plans in CINA Proceedings In response to concerns that children were being lost in the foster care system without belonging to a permanent family, Congress enacted Public Law 96-272, the “Adoption Assistance and Child Welfare Ac…
Other citing cases
- In re Adoption of Jayden G., 70 A.3d 276 (Md. 2013).published
- In re Adoption of Sean M., 63 A.3d 28 (Md. 2013).published
- In Re Caitlin N., 994 A.2d 454 (Md. Ct. Spec. App. 2010).published
- In Re Adoption/Guardianship of Chaden M., 984 A.2d 420 (Md. Ct. Spec. App. 2009).published
- In Re Blessen H., 877 A.2d 161 (Md. Ct. Spec. App. 2005).published
- In Re Adoption/Guardianship of Victor A., 852 A.2d 976 (Md. Ct. Spec. App. 2004).published
- Frase v. Barnhart, 840 A.2d 114 (Md. 2003).published
v.
Darris Alaric WARE
ORDER
The Court having considered the State’s application for leave to appeal from the grant of post conviction relief in a capital case, Darris Ware’s application for leave to appeal, and the answers filed thereto, in the above-entitled case, it is this 22nd day of August, 2002,
ORDERED, by the Court of Appeals of Maryland, that both applications be, and they are hereby, DENIED, and it is further
ORDERED, that, as to the belated appeal ordered by the Circuit Court on the single issue of whether Darris Ware had received ineffective assistance of appellate counsel, consideration of that appeal is deferred pending the new sentencing[*551] proceeding, and the belated appeal will be considered with the appeal, if any, from the decision in the sentencing hearing.