administration test (Maryland) · Go Syfert
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administration test in Maryland

5 Maryland opinions name it 3 courts 1984–2012 0 in the last five years

The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
State v. Smithgreen
md · 2003 · cited in 1 Maryland opinions naming this issue, 2006–2006
2 sentences

2006The issue of fact concerning the interplay between the general disclaimer and the administration instruction was properly before the jury and we must give deference "to the inferences a fact-finder may draw." State v. Smith, 374 Md. 527, 534 , 823 A.2d 664, 668 (2003).

2006The issue of fact concerning the interplay between the general disclaimer and the administration instruction was properly before the jury and we must give deference "to the inferences a fact-finder may draw." State v. Smith, 374 Md. 527, 534 , 823 A.2d 664, 668 (2003).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Borbon v. Motor Vehicle Administration green
md · 1997
2 sentences

2012We have interpreted this section, however, as applying only to an express refusal to take the test, as opposed to “a refusal based upon intentional frustration of a test during the administration of the test.” Borbon, 345 Md. at 278 , 691 A.2d at 1333 .

2012We have interpreted this section, however, as applying only to an express refusal to take the test, as opposed to “a refusal based upon intentional frustration of a test during the administration of the test.” Borbon, 345 Md. at 278 , 691 A.2d at 1333 .

12012–2012
Wilson v. State neutral
mdctspecapp · 1988
2 sentences

2002In a case concerning whether a death had occurred prior to the administration of a test, 2 the Court of Special Appeals noted that death then had to precede a "compulsory blood or breath test." Wilson v. State, 74 Md.

2002App. 204 , 210 , 536 A.2d 1192 , cert. denied, 313 Md. 9 , 542 A.2d 845 (1988) (emphasis added).

12002–2002
James v. General Motors Corp. green
mdctspecapp · 1988
2 sentences

1995In so holding, we rejected GM’s argument that “the date of last injurious exposure is a question of fact, the resolution of which is not necessarily related to the date of disablement,” id. at 487 , 538 A.2d 782 , and hence implicitly recognized that it is the date of disablement, and not the date of diagnosis, on which the administration of the rule depends.

1995In so holding, we rejected GM’s argument that “the date of last injurious exposure is a question of fact, the resolution of which is not necessarily related to the date of disablement,” id. at 487 , 538 A.2d 782 , and hence implicitly recognized that it is the date of disablement, and not the date of diagnosis, on which the administration of the rule depends.

11995–1995
Heles v. South Dakota green
sdd · 1982
1 sentence

1984In Heles v. State of S.D., 530 F.Supp. 646 (D.S.D.1982), the court held that under the due process clause of the Fourteenth Amendment, law enforcement officials could not, without justification, prevent a driver arrested for drunk driving from contacting a lawyer prior to submitting to sobriety testing, if such a request is made and does not unduly interfere with the administration of the test.

11984–1984
Patrick Heles v. State of South Dakota Driver Improvement Program, South Dakota Department of Public Safety green
ca8 · 1982
1 sentence

1984On appeal, the judgment *716 was vacated on mootness grounds because of the appellant’s death. 682 F.2d 201 (8th Cir.1982).

11984–1984

Where else courts name it

NY 32 (1940–2025) CA 29 (1967–2026) ND 24 (1981–2025) TX 24 (1926–2020) MN 21 (1933–2019) NJ 16 (1955–2023) WA 16 (1921–2024) OH 15 (1990–2022) PA 13 (1972–2018) MO 13 (1977–2023) OR 11 (1951–2024) GA 8 (1923–2023) FL 8 (1976–2001) MI 6 (1942–2014) VT 6 (2000–2009) NC 6 (1977–2016) CO 6 (1983–2017) UT 6 (1987–2026) IA 6 (1983–2021) MD 5 (1984–2012) ME 5 (1991–2022) MA 5 (1999–2018) DE 5 (1961–2016) WI 5 (1981–2023) WV 5 (1965–2020) AK 4 (1981–1993) IN 4 (1918–2015) NH 4 (1984–2002) AL 4 (1976–1982) OK 3 (1913–2021) KY 3 (2009–2024) KS 3 (2010–2011) ID 3 (1985–2009) SC 3 (1990–2016) NV 2 (2015–2024) LA 2 (1990–1991) TN 2 (1981–2014) MT 2 (2001–2018) NM 2 (1980–1993) DC 2 (1992–1999) HI 2 (1999–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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