31 Maryland opinions name it 2 courts 1985–2026 7 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.
| Case | Followed | Cited |
|---|---|---|
Dickey v. Stategreen2 sentences2026The court need not grant a requested instruction if the matter is fairly covered by instructions actually given.” Rule 4-325(c) has been interpreted to require trial courts to give a requested instruction to the jury when: “(1) the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given.” Dickey, 404 Md. at 197 -98 (citing Thompson v. State, 393 Md. 291 , 302- 10 03 (2006)). 2024Additionally, Maryland Rule 4- 325(c) requires “the giving of a requested instruction when[:] . . . (1) the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given.” Dickey v. State, 404 Md. 187 , 197–98, 946 A.2d 444, 450 (2008). | 10 | 20 |
Fleming v. Stategreen2 sentences2017Hall v. State, 437 Md. 534, 539 , 87 A.3d 1287 (2014). “[A] trial court must give a requested jury instruction where ‘(1) the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given.’ ” Vielot v. State, 225 Md.App. 492, 505 , 126 A.3d 143 (2015) (quoting Dickey v. State, 404 Md. 187, 197-98 , 946 A.2d 444 (2008)). “[I]f, taken as a whole, [the court’s instructions] correctly state the law, are not misleading, and cover adequately the issues raise 2017Hall v. State, 437 Md. 534, 539 , 87 A.3d 1287 (2014). “[A] trial court must give a requested jury instruction where ‘(1) the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given.’ ” Vielot v. State, 225 Md.App. 492, 505 , 126 A.3d 143 (2015) (quoting Dickey v. State, 404 Md. 187, 197-98 , 946 A.2d 444 (2008)). “[I]f, taken as a whole, [the court’s instructions] correctly state the law, are not misleading, and cover adequately the issues raise | 2 | 3 |
Derr v. Stategreen2 sentences2016See Derr v. State, 484 Md. 88 , 133, 73 A.3d 254, 281 (2013) (“A trial court must give a requested jury instruction where[:] (1) the instruction is a correct statement of [the] law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given.... [I]f, taken as a whole, [jury instructions] correctly state the law, are not misleading, and cover adequately the issues raised by the evidence, [then] the defendant has not been prejudiced[,] and reversal is inappropriate.” (Citation omitted)). 2016See Derr v. State, 434 Md. 88, 133 , 73 A.3d 254, 281 (2013) (“A trial court must give a requested jury instruction where[:] (1) the instruction is a correct statement of [the] law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given. . . . [I]f, taken as a whole, [jury instructions] correctly state the law, are not misleading, and cover adequately the issues raised by the evidence, [then] the defendant has not been prejudiced[,] and reversal is inappropriate.” (Citation omitted)). | 2 | 2 |
Cost v. Stategreen2 sentences2022The court need not grant a requested instruction if the matter is fairly covered by instructions actually given. 35 the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given.’” Cost, 417 Md. at 368‒69, 10 A.3d at 189 (quoting Dickey v. State, 404 Md. 187 , 197‒98, 946 A.2d 444, 450 (2008)). 2022The court need not grant a requested instruction if the matter is fairly covered by instructions actually given. 35 the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given.’” Cost, 417 Md. at 368‒69, 10 A.3d at 189 (quoting Dickey v. State, 404 Md. 187 , 197‒98, 946 A.2d 444, 450 (2008)). | 1 | 7 |
Thompson v. Stategreen2 sentences2026The court need not grant a requested instruction if the matter is fairly covered by instructions actually given.” Rule 4-325(c) has been interpreted to require trial courts to give a requested instruction to the jury when: “(1) the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given.” Dickey, 404 Md. at 197 -98 (citing Thompson v. State, 393 Md. 291 , 302- 10 03 (2006)). 2008Thompson v. State, 393 Md. 291, 302-03, 901 A.2d 208, 214 (2006); Patterson v. State, 356 Md. 677, 683-84 , 741 A.2d 1119, 1122 (1999). | 1 | 2 |
Wood v. Stategreen2 sentences2021Rule 4-325(c), the court, upon a party’s request, “shall[] instruct the jury as to the applicable law.” In general, a court must give a requested instruction if “(1) the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given.” Dickey v. State, 404 Md. 187, 197-98 (2008); accord Wood v. State, 436 Md. 276, 293 (2013); Bazzle v. State, 426 Md. 541, 549 (2012). 2015There are “three components that must be met to include a proposed jury instruction in the ultimate charge to .the jury: ‘(1) the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) *623 the content of the instruction was not fairly covered elsewhere in instructions actually given.’ ” Wood v. State, 436 Md. 276, 293 , 81 A.3d 427 (2013) (quoting Dickey v. State, 404 Md. 187, 197-98 , 946 A.2d 444 (2008)); see also Gunning v. State, 347 Md. 332, 348 , 701 A.2d 374 (1997) (same). | 1 | 2 |
Carroll v. Stategreen2 sentences2013"A trial court must give a requested jury instruction where (1) the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given.” Carroll v. State, 428 Md. 679, 689 , 53 A.3d 1159 (2012) (citations and quotations omitted). 2013"A trial court must give a requested jury instruction where (1) the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given.” Carroll v. State, 428 Md. 679, 689 , 53 A.3d 1159 (2012) (citations and quotations omitted). | 1 | 2 |
Vielot v. Stategreen2 sentences2017Hall v. State, 437 Md. 534, 539 (2014). “[A] trial court must give a requested jury instruction where ‘(1) the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given.’” Vielot v. State, 225 Md. 2017Hall v. State, 437 Md. 534, 539 , 87 A.3d 1287 (2014). “[A] trial court must give a requested jury instruction where ‘(1) the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given.’ ” Vielot v. State, 225 Md.App. 492, 505 , 126 A.3d 143 (2015) (quoting Dickey v. State, 404 Md. 187, 197-98 , 946 A.2d 444 (2008)). “[I]f, taken as a whole, [the court’s instructions] correctly state the law, are not misleading, and cover adequately the issues raise | 1 | 2 |
Hall v. Stategreen2 sentences2017Hall v. State, 437 Md. 534, 539 (2014). “[A] trial court must give a requested jury instruction where ‘(1) the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given.’” Vielot v. State, 225 Md. 2017Hall v. State, 437 Md. 534, 539 , 87 A.3d 1287 (2014). “[A] trial court must give a requested jury instruction where ‘(1) the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given.’ ” Vielot v. State, 225 Md.App. 492, 505 , 126 A.3d 143 (2015) (quoting Dickey v. State, 404 Md. 187, 197-98 , 946 A.2d 444 (2008)). “[I]f, taken as a whole, [the court’s instructions] correctly state the law, are not misleading, and cover adequately the issues raise | 1 | 2 |
Patterson v. Stategreen2 sentences2008Thompson v. State, 393 Md. 291, 302-03, 901 A.2d 208, 214 (2006); Patterson v. State, 356 Md. 677, 683-84 , 741 A.2d 1119, 1122 (1999). 2008Thompson v. State, 393 Md. 291, 302-03, 901 A.2d 208, 214 (2006); Patterson v. State, 356 Md. 677, 683-84 , 741 A.2d 1119, 1122 (1999). | 1 | 2 |
Jarvis v. Stategreen1 sentence2026We review the trial court’s overall determination that a jury instruction is not warranted “for an abuse of discretion, but the second requirement (whether the instruction is applicable in that case) is akin to assessing the sufficiency of the evidence, which requires a de novo review.” Danshin v. State, 491 Md. 520 , 532 (2025) (quoting Jarvis v. State, 487 Md. 548, 564 (2024)). | 1 | 1 |
White v. Kennedy Krieger Institute, Inc.green1 sentence2025Jury Instructions As the next issue in this appeal, the City contends that the circuit court erred when it declined to give proposed jury instructions concerning “the law of occupational diseases.” A trial court must give a requested instruction if three requirements are satisfied: 8 Because the issue is not properly raised for appellate review by either party, we express no opinion on whether the circuit court was correct in concluding that it lacked authority to remand the matter to the Workers’ Compensation Commission. 30 “(1) the instruction is a correct statement of law; (2) the instructi | 1 | 1 |
Harris v. Stategreen1 sentence2021“However, instructions as to facts and factual inferences are normally not required.” Harris v. State, 458 Md. 370, 405 (2018). 9 An instruction concerning the destruction or concealment of evidence relates to the inferences that the jury may draw from the evidence. | 1 | 1 |
Bazzle v. Stategreen1 sentence2021Rule 4-325(c), the court, upon a party’s request, “shall[] instruct the jury as to the applicable law.” In general, a court must give a requested instruction if “(1) the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given.” Dickey v. State, 404 Md. 187, 197-98 (2008); accord Wood v. State, 436 Md. 276, 293 (2013); Bazzle v. State, 426 Md. 541, 549 (2012). | 1 | 1 |
Gunning v. Stategreen2 sentences2015There are “three components that must be met to include a proposed jury instruction in the ultimate charge to .the jury: ‘(1) the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) *623 the content of the instruction was not fairly covered elsewhere in instructions actually given.’ ” Wood v. State, 436 Md. 276, 293 , 81 A.3d 427 (2013) (quoting Dickey v. State, 404 Md. 187, 197-98 , 946 A.2d 444 (2008)); see also Gunning v. State, 347 Md. 332, 348 , 701 A.2d 374 (1997) (same). 2015There are “three components that must be met to include a proposed jury instruction in the ultimate charge to .the jury: ‘(1) the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) *623 the content of the instruction was not fairly covered elsewhere in instructions actually given.’ ” Wood v. State, 436 Md. 276, 293 , 81 A.3d 427 (2013) (quoting Dickey v. State, 404 Md. 187, 197-98 , 946 A.2d 444 (2008)); see also Gunning v. State, 347 Md. 332, 348 , 701 A.2d 374 (1997) (same). | 1 | 1 |
Miller v. Stategreen2 sentences2012See, e.g., Miller v. State, 185 Md.App. 293, 295 , 970 A.2d 332, 333 (2009) (“The appellant filed a timely notice of appeal, which this Court treated as an application for leave to appeal[.]”); Bagley v. Warden, 1 Md.App. 154, 158 , 228 A.2d 491, 492 (1967) (treating the document “designated by applicant as a ‘Notice of Appeal’ ” as an “application for leave to appeal”). 2012See, e.g., Miller v. State, 185 Md.App. 293, 295 , 970 A.2d 332, 333 (2009) (“The appellant filed a timely notice of appeal, which this Court treated as an application for leave to appeal[.]”); Bagley v. Warden, 1 Md.App. 154, 158 , 228 A.2d 491, 492 (1967) (treating the document “designated by applicant as a ‘Notice of Appeal’ ” as an “application for leave to appeal”). | 1 | 1 |
Bagley v. Wardengreen2 sentences2012See, e.g., Miller v. State, 185 Md.App. 293, 295 , 970 A.2d 332, 333 (2009) (“The appellant filed a timely notice of appeal, which this Court treated as an application for leave to appeal[.]”); Bagley v. Warden, 1 Md.App. 154, 158 , 228 A.2d 491, 492 (1967) (treating the document “designated by applicant as a ‘Notice of Appeal’ ” as an “application for leave to appeal”). 2012See, e.g., Miller v. State, 185 Md.App. 293, 295 , 970 A.2d 332, 333 (2009) (“The appellant filed a timely notice of appeal, which this Court treated as an application for leave to appeal[.]”); Bagley v. Warden, 1 Md.App. 154, 158 , 228 A.2d 491, 492 (1967) (treating the document “designated by applicant as a ‘Notice of Appeal’ ” as an “application for leave to appeal”). | 1 | 1 |
Dishman v. Stategreen2 sentences2010As this Court has stated, “[tjhis rule ‘has been interpreted to require that a requested instruction be given only where there is evidence in the record to support it.’” Flores v. State, 120 Md.App. 171, 193 , 706 A.2d 628 (1998) (quoting Hof v. State, 337 Md. 581, 612 , 655 A.2d 370 (1995)); accord Dishman v. State, 352 Md. 279, 292 , 721 A.2d 699 (1998). 2010As this Court has stated, “[tjhis rule ‘has been interpreted to require that a requested instruction be given only where there is evidence in the record to support it.’” Flores v. State, 120 Md.App. 171, 193 , 706 A.2d 628 (1998) (quoting Hof v. State, 337 Md. 581, 612 , 655 A.2d 370 (1995)); accord Dishman v. State, 352 Md. 279, 292 , 721 A.2d 699 (1998). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sims v. State
green
2 sentences2018Rule 4-325. "[A] defendant is entitled to have the jury instructed on any theory of defense that is fairly supported by the evidence, even if several theories offered are inconsistent." Sims v. State , 319 Md. 540 , 550, 573 A.2d 1317 (1990). 2018Rule 4-325. "[A] defendant is entitled to have the jury instructed on any theory of defense that is fairly supported by the evidence, even if several theories offered are inconsistent." Sims v. State , 319 Md. 540 , 550, 573 A.2d 1317 (1990). | 1 | 2018–2018 |
Ware v. State
green
2 sentences2016Ware v. State, 348 Md. 19, 58 , 702 A.2d 699 (1997). 2016Ware v. State, 348 Md. 19, 58 , 702 A.2d 699 (1997). | 1 | 2016–2016 |
State v. Daughtry
green
2 sentences2012Because of this failure to file an application for leave to appeal or provide the content required by the rule, the State urges us to dismiss issues II, III, IV, and VI, as “procedurally defaulted.” Grandison counters that “the Court of Special Appeals, on its own motion, routinely treats an ‘appeal’ filed by an indigent defendant, pro se, as an ‘Application for Leave to Appeal,’ where the latter is the correct pleading, thereby affording the appellant (applicant) an opportunity to provide reasons for granting the application.” Grandison directs our attention to a footnote in State v. Daughtry 2012Because of this failure to file an application for leave to appeal or provide the content required by the rule, the State urges us to dismiss issues II, III, IV, and VI, as “procedurally defaulted.” Grandison counters that “the Court of Special Appeals, on its own motion, routinely treats an ‘appeal’ filed by an indigent defendant, pro se, as an ‘Application for Leave to Appeal,’ where the latter is the correct pleading, thereby affording the appellant (applicant) an opportunity to provide reasons for granting the application.” Grandison directs our attention to a footnote in State v. Daughtry | 1 | 2012–2012 |
Hof v. State
green
1 sentence2010As this Court has stated, “[tjhis rule ‘has been interpreted to require that a requested instruction be given only where there is evidence in the record to support it.’” Flores v. State, 120 Md.App. 171, 193 , 706 A.2d 628 (1998) (quoting Hof v. State, 337 Md. 581, 612 , 655 A.2d 370 (1995)); accord Dishman v. State, 352 Md. 279, 292 , 721 A.2d 699 (1998). | 1 | 2010–2010 |
Beck v. Mangels
green
1 sentence2010As this Court has stated, “[tjhis rule ‘has been interpreted to require that a requested instruction be given only where there is evidence in the record to support it.’” Flores v. State, 120 Md.App. 171, 193 , 706 A.2d 628 (1998) (quoting Hof v. State, 337 Md. 581, 612 , 655 A.2d 370 (1995)); accord Dishman v. State, 352 Md. 279, 292 , 721 A.2d 699 (1998). | 1 | 2010–2010 |
Lapin v. State
green
2 sentences2010Pursuant to the Rule, a requested instruction must be given “ ‘when the following three-part test has been met: (1) the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given.’ ” LaPin v. State, 188 Md.App. 57, 69 , 981 A.2d 34 (2009) (quoting Dickey v. State, 404 Md. 187, 197-98 , 946 A.2d 444 (2008)). 2010Pursuant to the Rule, a requested instruction must be given “ ‘when the following three-part test has been met: (1) the instruction is a correct statement of law; (2) the instruction is applicable to the facts of the case; and (3) the content of the instruction was not fairly covered elsewhere in instructions actually given.’ ” LaPin v. State, 188 Md.App. 57, 69 , 981 A.2d 34 (2009) (quoting Dickey v. State, 404 Md. 187, 197-98 , 946 A.2d 444 (2008)). | 1 | 2010–2010 |
Flores v. State
green
2 sentences2010As this Court has stated, “[tjhis rule ‘has been interpreted to require that a requested instruction be given only where there is evidence in the record to support it.’” Flores v. State, 120 Md.App. 171, 193 , 706 A.2d 628 (1998) (quoting Hof v. State, 337 Md. 581, 612 , 655 A.2d 370 (1995)); accord Dishman v. State, 352 Md. 279, 292 , 721 A.2d 699 (1998). 2010As this Court has stated, “[tjhis rule ‘has been interpreted to require that a requested instruction be given only where there is evidence in the record to support it.’” Flores v. State, 120 Md.App. 171, 193 , 706 A.2d 628 (1998) (quoting Hof v. State, 337 Md. 581, 612 , 655 A.2d 370 (1995)); accord Dishman v. State, 352 Md. 279, 292 , 721 A.2d 699 (1998). | 1 | 2010–2010 |
Sewell v. State
green
2 sentences1985In fact, this Court approved a similar instruction in Sewell v. State, 34 Md.App. 691, 695-96 , 368 A.2d 1111 , cert. denied, 280 Md. 734 (1977). 1985In fact, this Court approved a similar instruction in Sewell v. State, 34 Md.App. 691, 695-96 , 368 A.2d 1111 , cert. denied, 280 Md. 734 (1977). | 1 | 1985–1985 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.