then existing requirement (Maryland) · Go Syfert
← Maryland issues

then existing requirement in Maryland

5 Maryland opinions name it 2 courts 1982–2014 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Maryland.

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 (4)

CaseCitedYears
People v. Horn green
cal · 1974
2 sentences

2001In People v. Horn, 12 Cal.3d 290 , 115 Cal.Rptr. 516 , 524 P.2d 1300 (1974), the court, in dicta, considered the effect of the statutory change, and, in so doing, determined that a conspiracy could take the form of conspiracy to commit first or second degree murder or manslaughter. 2 That conclusion was based on three factors: the then-existing availability of a diminished capacity defense, the then-existing requirement that, to establish premeditation, the State must show that the defendant could “maturely and meaningfully reflect upon the gravity of his contemplated act,” and the change to §

2001In People v. Horn, 12 Cal.3d 290 , 115 Cal.Rptr. 516 , 524 P.2d 1300 (1974), the court, in dicta, considered the effect of the statutory change, and, in so doing, determined that a conspiracy could take the form of conspiracy to commit first or second degree murder or manslaughter. 2 That conclusion was based on three factors: the then-existing availability of a diminished capacity defense, the then-existing requirement that, to establish premeditation, the State must show that the defendant could “maturely and meaningfully reflect upon the gravity of his contemplated act,” and the change to §

22001–2001
Ragland v. State green
md · 2005
2 sentences

2014In Ragland , the Court of Appeals reviewed both these rules under the then-existing standard and concluded it was appropriate to prohibit admission as “lay opinion” testimony that is based on “specialized knowledge, skill, experience, training or education.” 385 Md. at 725 , 870 A.2d 609 .

2014In Ragland , the Court of Appeals reviewed both these rules under the then-existing standard and concluded it was appropriate to prohibit admission as “lay opinion” testimony that is based on “specialized knowledge, skill, experience, training or education.” 385 Md. at 725 , 870 A.2d 609 .

12014–2014
Berlin v. Aluisi green
mdctspecapp · 1984
2 sentences

1986Since a statute should be given a constitutional construction when that is possible, Berlin v. Aluisi, 57 Md.App. 390 , 470 A.2d 388 (1984), our view that the 1980 legislation did not affect the 1976 immunity waiver is reinforced.

1986Since a statute should be given a constitutional construction when that is possible, Berlin v. Aluisi, 57 Md.App. 390 , 470 A.2d 388 (1984), our view that the 1980 legislation did not affect the 1976 immunity waiver is reinforced.

11986–1986
Williams v. State green
md · 1981
2 sentences

1982We expressed the view that the then existing rule had become unsound in light of modern trial conditions, stating ( 292 Md. at 218 , 438 A.2d at 1309 ): "Today, with the complexity of many criminal trials and the absolute right of counsel if there is a danger of incarceration, our system proceeds upon the assumption that it is primarily counsel's function to assert or waive most `rights' of the defendant.

1982We expressed the view that the then existing rule had become unsound in light of modern trial conditions, stating ( 292 Md. at 218 , 438 A.2d at 1309 ): "Today, with the complexity of many criminal trials and the absolute right of counsel if there is a danger of incarceration, our system proceeds upon the assumption that it is primarily counsel's function to assert or waive most `rights' of the defendant.

11982–1982

Where else courts name it

CA 19 (1932–2023) FL 16 (1988–2021) NY 8 (1940–1994) NJ 7 (1991–2019) TX 7 (1939–2019) IL 6 (1970–2009) CT 6 (1978–2016) GA 5 (1929–2024) MD 5 (1982–2014) PA 4 (1975–2007) IN 4 (1992–2015) WI 3 (1995–2005) IA 3 (1971–2015) ID 3 (1982–1991) WA 3 (2007–2026) VA 3 (1983–2003) UT 3 (1995–2022) AR 2 (1951–1967) OR 2 (1986–2006) AZ 2 (1982–2010) MA 2 (2008–2010)

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.

← Caselaw search · G Cite Topics · Brief Check