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20 Maryland opinions name it 2 courts 1999–2017 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.
| Case | Followed | Cited |
|---|---|---|
Langston v. Riffegreen2 sentences2016Mr. Davis, nevertheless, argues that he is entitled to a blood or genetic test as a result of his attempt to modify his paternity attestation, pursuant to our holding in Langston v. Riffe, 359 Md. 396 , 754 A.2d 389 (2000), which involved declarations of paternity entered by the circuit court and the effect of Section 5-1038 of the Family Law Article when a putative father requests modification or abdication of the order. 2016Mr. Davis, nevertheless, argues that he is entitled to a blood or genetic test as a result of his attempt to modify his paternity attestation, pursuant to our holding in Langston v. Riffe, 359 Md. 396 , 754 A.2d 389 (2000), which involved declarations of paternity entered by the circuit court and the effect of Section 5-1038 of the Family Law Article when a putative father requests modification or abdication of the order. | 5 | 12 |
Evans v. Wilsongreen2 sentences2017See Kamp v. Department of Human Services, 410 Md. 645, 661 , 980 A.2d 448 (2009)(quoting Evans v. Wilson, 382 Md. 614, 629 , 856 A.2d 679 (2004))(“...prerequisite to ordering a blood or genetic test, the trial court should be satisfied that good cause for the testing has been shown, that ‘blood or genetic testing would be in the best interest of the child.’ ”)(emphasis added). 2017See Kamp v. Department of Human Services, 410 Md. 645, 661 , 980 A.2d 448 (2009)(quoting Evans v. Wilson, 382 Md. 614, 629 , 856 A.2d 679 (2004))(“...prerequisite to ordering a blood or genetic test, the trial court should be satisfied that good cause for the testing has been shown, that ‘blood or genetic testing would be in the best interest of the child.’ ”)(emphasis added). | 3 | 4 |
Kamp v. Department of Human Servicesgreen2 sentences2017See Kamp v. Department of Human Services, 410 Md. 645, 661 , 980 A.2d 448 (2009)(quoting Evans v. Wilson, 382 Md. 614, 629 , 856 A.2d 679 (2004))(“...prerequisite to ordering a blood or genetic test, the trial court should be satisfied that good cause for the testing has been shown, that ‘blood or genetic testing would be in the best interest of the child.’ ”)(emphasis added). 2017See Kamp v. Department of Human Services, 410 Md. 645, 661 , 980 A.2d 448 (2009)(quoting Evans v. Wilson, 382 Md. 614, 629 , 856 A.2d 679 (2004))(“...prerequisite to ordering a blood or genetic test, the trial court should be satisfied that good cause for the testing has been shown, that ‘blood or genetic testing would be in the best interest of the child.’ ”)(emphasis added). | 1 | 3 |
Loving v. Virginiagreen2 sentences2007In Loving, the Court was equally emphatic, emphasizing that the State's proffer of equal application did not shield the statute from strict scrutiny. 388 U.S. at 8 , 87 S.Ct. at 1822 , 18 L.Ed.2d at 1016 ("Because we reject the notion that the mere `equal application' of a statute containing racial classifications is enough to remove the classifications from the Fourteenth Amendment's proscription of all invidious racial discriminations, we do not accept the State's contention that these statutes should be upheld if there is any possible basis for concluding that they serve a rational purpose. 2007In Loving, the Court was equally emphatic, emphasizing that the State's proffer of equal application did not shield the statute from strict scrutiny. 388 U.S. at 8 , 87 S.Ct. at 1822 , 18 L.Ed.2d at 1016 ("Because we reject the notion that the mere `equal application' of a statute containing racial classifications is enough to remove the classifications from the Fourteenth Amendment's proscription of all invidious racial discriminations, we do not accept the State's contention that these statutes should be upheld if there is any possible basis for concluding that they serve a rational purpose. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Turner v. Whisted
green
2 sentences2015In Kamp v. Department of Human Services, the Court of Appeals advocated a balanced approach reflective of "the court’s paramount concern of protecting [the child’s] best interests" when determining whether a blood or genetic test should be ordered upon a showing of good cause sufficient to overcome the statutory presumption. 410 Md. 645, 659-61 , 980 A.2d 448 (2009) (quoting Turner, 327 Md. at 117 , 607 A.2d 935 ). 12 . 2015In Kamp v. Department of Human Services, the Court of Appeals advocated a balanced approach reflective of "the court’s paramount concern of protecting [the child’s] best interests" when determining whether a blood or genetic test should be ordered upon a showing of good cause sufficient to overcome the statutory presumption. 410 Md. 645, 659-61 , 980 A.2d 448 (2009) (quoting Turner, 327 Md. at 117 , 607 A.2d 935 ). 12 . | 4 | 2009–2017 |
Walter v. Gunter
green
2 sentences2016Langston v. Riffe, then, presented us with the issue of whether declarations of paternity, based on a paternity agreement, as well as two consent decrees, could be set aside.10 It was our decision in Langston to set aside the paternity declarations but, most 10 The dissent relies on Walter v. Gunter, 367 Md. 386 , 399 n.2, 788 A.2d 609 (2002), for its statement, drafted by the author of this opinion, that “Our Legislature never stated that the ‘decent support of children’ should be imposed upon those who are found, conclusively, not to be the child’s parent. . . .” Walter, however, was a case 2016Langston v. Riffe, then, presented us with the issue of whether declarations of paternity, based on a paternity agreement, as well as two consent decrees, could be set aside.10 It was our decision in Langston to set aside the paternity declarations but, most 10 The dissent relies on Walter v. Gunter, 367 Md. 386 , 399 n.2, 788 A.2d 609 (2002), for its statement, drafted by the author of this opinion, that “Our Legislature never stated that the ‘decent support of children’ should be imposed upon those who are found, conclusively, not to be the child’s parent. . . .” Walter, however, was a case | 4 | 2002–2016 |
Davis v. Wicomico County Bureau of Support Enforcement
green
2 sentences2016Woodward, writing on behalf of the Court, in interpreting the statutes in issue, held that “the plain language and the legislative history of FL §§ 5-1028 and 5- 1038 support the trial court’s determination” that Mr. Davis “is not entitled to a blood or genetic test.” Id. at 246, 112 A.3d at 1033 . 2016Woodward, writing on behalf of the Court, in interpreting the statutes in issue, held that “the plain language and the legislative history of FL §§ 5-1028 and 5-1038 support the trial court's determination" that Mr. Davis "is not entitled to a blood or genetic test." Id. at 246, 112 A.3d at 1033 . | 2 | 2016–2016 |
Plessy v. Ferguson
red
2 sentences2007Vol.), reads in relevant part: A declaration of paternity may be modified or set aside: * * * 2. if a blood or genetic test done in accordance with § 5-1029 of this subtitle establishes the exclusion of the individual named as the father in the order. [52] In Powers , the Court said "[t]he suggestion that racial classifications may survive when visited upon all persons is no more authoritative today than the case which advanced the theorem, Plessy v. Ferguson, 163 U.S. 537 [, 16 S.Ct. 1138 , 41 L.Ed. 256 ] (1896)." Powers, 499 U.S. at 410 , 111 S.Ct. at 1370 , 113 L.Ed.2d at 425 . 2007Vol.), reads in relevant part: A declaration of paternity may be modified or set aside: * * * 2. if a blood or genetic test done in accordance with § 5-1029 of this subtitle establishes the exclusion of the individual named as the father in the order. [52] In Powers , the Court said "[t]he suggestion that racial classifications may survive when visited upon all persons is no more authoritative today than the case which advanced the theorem, Plessy v. Ferguson, 163 U.S. 537 [, 16 S.Ct. 1138 , 41 L.Ed. 256 ] (1896)." Powers, 499 U.S. at 410 , 111 S.Ct. at 1370 , 113 L.Ed.2d at 425 . | 1 | 2007–2007 |
Powers v. Ohio
green
2 sentences2007Vol.), reads in relevant part: A declaration of paternity may be modified or set aside: * * * 2. if a blood or genetic test done in accordance with § 5-1029 of this subtitle establishes the exclusion of the individual named as the father in the order. [52] In Powers , the Court said "[t]he suggestion that racial classifications may survive when visited upon all persons is no more authoritative today than the case which advanced the theorem, Plessy v. Ferguson, 163 U.S. 537 [, 16 S.Ct. 1138 , 41 L.Ed. 256 ] (1896)." Powers, 499 U.S. at 410 , 111 S.Ct. at 1370 , 113 L.Ed.2d at 425 . 2007Vol.), reads in relevant part: A declaration of paternity may be modified or set aside: * * * 2. if a blood or genetic test done in accordance with § 5-1029 of this subtitle establishes the exclusion of the individual named as the father in the order. [52] In Powers , the Court said "[t]he suggestion that racial classifications may survive when visited upon all persons is no more authoritative today than the case which advanced the theorem, Plessy v. Ferguson, 163 U.S. 537 [, 16 S.Ct. 1138 , 41 L.Ed. 256 ] (1896)." Powers, 499 U.S. at 410 , 111 S.Ct. at 1370 , 113 L.Ed.2d at 425 . | 1 | 2007–2007 |
Tandra S. v. Tyrone W.
green
2 sentences2007(Emphasis added.) F.L. § 5-1038 was amended in response to the Court of Appeals’s decision in Tandra S., supra, 336 Md. 303 , 648 A.2d 439 . 2007(Emphasis added.) F.L. § 5-1038 was amended in response to the Court of Appeals’s decision in Tandra S., supra, 336 Md. 303 , 648 A.2d 439 . | 1 | 2007–2007 |
Tyrone W. v. DANIELLE R.
green
2 sentences2004In interpreting this statute, the Court of Appeals found that, under § 5-1038, “anyone who has had a paternity declaration entered against him prior to October 1, 1995, without blood and genetic testing, generally may initiate proceedings to modify or set aside that declaration.... ” Langston v. Riffe, 359 Md. 396, 437 , 754 A.2d 389 (2000) (affirming Tyrone W. v. Danielle R., 129 Md.App. 260 , 741 A.2d 553 (1999)). 2004In interpreting this statute, the Court of Appeals found that, under § 5-1038, “anyone who has had a paternity declaration entered against him prior to October 1, 1995, without blood and genetic testing, generally may initiate proceedings to modify or set aside that declaration.... ” Langston v. Riffe, 359 Md. 396, 437 , 754 A.2d 389 (2000) (affirming Tyrone W. v. Danielle R., 129 Md.App. 260 , 741 A.2d 553 (1999)). | 1 | 2004–2004 |
Adams v. Mallory
green
2 sentences2002The court, however, may modify or set aside certain provisions of a paternity order pursuant to FL § 5-1038, which provides, in pertinent part: (a) Declaration of paternity final; modifications.— ❖ í[í (2) (i) A declaration of paternity may be modified or set aside: 1. in the manner and to the extent that any order or decree of an equity court is subject to the revisory power of the court under any law, rule, or established principle of practice and procedure in equity; or *560 2. if a blood or genetic test done in accordance with § 5-1029 of this subtitle establishes the exclusion of the indi 2002The court, however, may modify or set aside certain provisions of a paternity order pursuant to FL § 5-1038, which provides, in pertinent part: (a) Declaration of paternity final; modifications.— ❖ í[í (2) (i) A declaration of paternity may be modified or set aside: 1. in the manner and to the extent that any order or decree of an equity court is subject to the revisory power of the court under any law, rule, or established principle of practice and procedure in equity; or *560 2. if a blood or genetic test done in accordance with § 5-1029 of this subtitle establishes the exclusion of the indi | 1 | 2002–2002 |
Jessica G. v. Hector M.
green
2 sentences2002The court, however, may modify or set aside certain provisions of a paternity order pursuant to FL § 5-1038, which provides, in pertinent part: (a) Declaration of paternity final; modifications.— ❖ í[í (2) (i) A declaration of paternity may be modified or set aside: 1. in the manner and to the extent that any order or decree of an equity court is subject to the revisory power of the court under any law, rule, or established principle of practice and procedure in equity; or *560 2. if a blood or genetic test done in accordance with § 5-1029 of this subtitle establishes the exclusion of the indi 2002The court, however, may modify or set aside certain provisions of a paternity order pursuant to FL § 5-1038, which provides, in pertinent part: (a) Declaration of paternity final; modifications.— ❖ í[í (2) (i) A declaration of paternity may be modified or set aside: 1. in the manner and to the extent that any order or decree of an equity court is subject to the revisory power of the court under any law, rule, or established principle of practice and procedure in equity; or *560 2. if a blood or genetic test done in accordance with § 5-1029 of this subtitle establishes the exclusion of the indi | 1 | 2002–2002 |
Eagan v. Ayd
green
2 sentences1999In Eagan v. Ayd, supra, 313 Md. 265 , 545 A.2d 55 , the Court discussed the history behind the enactment in 1941 of Article 12, § 17 of the Maryland Code, which was the predecessor to F.L. § 5-1029. 1999In Eagan v. Ayd, supra, 313 Md. 265 , 545 A.2d 55 , the Court discussed the history behind the enactment in 1941 of Article 12, § 17 of the Maryland Code, which was the predecessor to F.L. § 5-1029. | 1 | 1999–1999 |
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.