issue affected error (Maryland) · Go Syfert
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issue affected error in Maryland

20 Maryland opinions name it 2 courts 1974–2016 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 (11)

CaseFollowedCited
Henry v. Stategreen
md · 1991 · cited in 6 Maryland opinions naming this issue, 2000–2016
2 sentences

2016U.S. v. Melendez, 57 F.3d 238, 241 ([2d] Cir.1995); see also Henry v. State, 324 Md. 204, 232 , 596 A.2d 1024, 1038 (1991) (finding that “[i]n determining whether reversible error occurred, an appellate court must take into account ‘(1) the closeness of the case, 2) the centrality of the issue affected by the error, and 3) the steps taken to mitigate the effects of the error’ ” (citations omitted)).

2016U.S. v. Melendez, 57 F.3d 238, 241 ([2d] Cir.1995); see also Henry v. State, 324 Md. 204, 232 , 596 A.2d 1024, 1038 (1991) (finding that “[i]n determining whether reversible error occurred, an appellate court must take into account ‘(1) the closeness of the case, 2) the centrality of the issue affected by the error, and 3) the steps taken to mitigate the effects of the error’ ” (citations omitted)).

56
United States v. Jose Manuel Melendezgreen
ca2 · 1995 · cited in 3 Maryland opinions naming this issue, 2005–2016
2 sentences

2016U.S. v. Melendez, 57 F.3d 238, 241 ([2d] Cir.1995); see also Henry v. State, 324 Md. 204, 232 , 596 A.2d 1024, 1038 (1991) (finding that “[i]n determining whether reversible error occurred, an appellate court must take into account ‘(1) the closeness of the case, 2) the centrality of the issue affected by the error, and 3) the steps taken to mitigate the effects of the error’ ” (citations omitted)).

2011U.S. v. Melendez, 57 F.3d 238, 241 (2nd Cir.1995); see also Henry v. State, 324 Md. 204, 232 , 596 A.2d 1024, 1038 (1991) (finding that “[i]n determining whether reversible error occurred, an appellate court must take into account ‘(1) the closeness of the ease, 2) the centrality of the issue affected by the error, and 3) the steps taken to mitigate the effects of the error’” (citations omitted)).

33
Wilhelm v. Stategreen
md · 1974 · cited in 8 Maryland opinions naming this issue, 1983–2009
2 sentences

2007Mut. v. Evans, 330 Md. at 19 , 622 A.2d 103 (quoting Kosmas v. State, 316 Md. 587, 594 , 560 A.2d 1137 (1989)). *403 “The applicable test for prejudice is whether we can say, ‘with fair assurance, after pondering all that happened without stripping the erroneous actions from the whole, that the judgment was not substantially swayed by the error.’ The decisive factors are the closeness of the case, the centrality of the issue affected by the error, and the steps taken to mitigate the effects of the error.” Wilhelm v. State, 272 Md. 404, 416 , 326 A.2d 707 (1974) (citations omitted).

2007Mut. v. Evans, 330 Md. at 19 , 622 A.2d 103 (quoting Kosmas v. State, 316 Md. 587, 594 , 560 A.2d 1137 (1989)). *403 “The applicable test for prejudice is whether we can say, ‘with fair assurance, after pondering all that happened without stripping the erroneous actions from the whole, that the judgment was not substantially swayed by the error.’ The decisive factors are the closeness of the case, the centrality of the issue affected by the error, and the steps taken to mitigate the effects of the error.” Wilhelm v. State, 272 Md. 404, 416 , 326 A.2d 707 (1974) (citations omitted).

28
Francina King v. United Statesgreen
cadc · 1967 · cited in 2 Maryland opinions naming this issue, 1974–2005
2 sentences

2005It identified, as well, factors it determined to be decisive on the issue: the closeness of the case, id., citing Cross v. United States, 353 F.2d 454, 456 (D.C.Cir.1965); Jones v. United States, 338 F.2d 553 , 554 n. 3 (D.C.Cir.1964); the centrality of the issue affected by the error, id. citing King v. United States, 372 F.2d 383, 395 (D.C.Cir.1967); and the *39 steps taken by the court to mitigate the effects of the error.

2005It identified, as well, factors it determined to be decisive on the issue: the closeness of the case, id., citing Cross v. United States, 353 F.2d 454, 456 (D.C.Cir.1965); Jones v. United States, 338 F.2d 553 , 554 n. 3 (D.C.Cir.1964); the centrality of the issue affected by the error, id. citing King v. United States, 372 F.2d 383, 395 (D.C.Cir.1967); and the steps taken by the court to mitigate the effects of the error.

22
Tyrone Gaither v. United States of America, Charles Tatum v. United Statesgreen
cadc · 1969 · cited in 4 Maryland opinions naming this issue, 1974–2005
2 sentences

1994A closing argument is prejudicial to the defendant when, considering the closeness of the case, the centrality of the issue affected by the error and the steps the court took to mitigate the effects of the error, the reviewing court cannot say “ ‘with fair assurance, after pondering all that happened without stripping the erroneous action from the whole, that the judgment was not substantially swayed by the error.’” Wilhelm, 272 Md. at 416, 326 A.2d at 716, quoting Gaither v. U.S., 413 F.2d 1061, 1079 (D.C.Cir.1969), quoting Kotteakos v. United States, 328 U.S. 750, 765 , 66 S.Ct. 1239, 1248 ,

1994A closing argument is prejudicial to the defendant when, considering the closeness of the case, the centrality of the issue affected by the error and the steps the court took to mitigate the effects of the error, the reviewing court cannot say "`with fair assurance, after pondering all that happened without stripping the erroneous action from the whole, that the judgment was not substantially swayed by the error.'" Wilhelm, 272 Md. at 416 , 326 A.2d at 716 , quoting Gaither v. U.S., 413 F.2d 1061, 1079 (D.C.

14
Collins v. Stategreen
md · 1990 · cited in 3 Maryland opinions naming this issue, 1991–2010
2 sentences

2010Accord Henry v. State, 324 Md. 204, 232 , 596 A.2d 1024 (1991) (court must assess: “ 1) the closeness of the case, 2) the centrality of the issue affected by the error, and 3) the steps taken to mitigate the effects of the error’”) (quoting Collins v. State, 318 Md. 269, 280 , 568 A.2d 1 (1990)), cert. denied, 503 U.S. 972 , 112 S.Ct. 1590 , 118 L.Ed.2d 307 (1992).

2010Accord Henry v. State, 324 Md. 204, 232 , 596 A.2d 1024 (1991) (court must assess: “ 1) the closeness of the case, 2) the centrality of the issue affected by the error, and 3) the steps taken to mitigate the effects of the error’”) (quoting Collins v. State, 318 Md. 269, 280 , 568 A.2d 1 (1990)), cert. denied, 503 U.S. 972 , 112 S.Ct. 1590 , 118 L.Ed.2d 307 (1992).

13
Kotteakos v. United Statesgreen
scotus · 1946 · cited in 2 Maryland opinions naming this issue, 1994–2005
2 sentences

2005It identified, as well, factors it determined to be decisive on the issue: the closeness of the case, id., citing Cross v. United States, 353 F.2d 454, 456 (D.C.Cir.1965); Jones v. United States, 338 F.2d 553 , 554 n. 3 (D.C.Cir.1964); the centrality of the issue affected by the error, id. citing King v. United States, 372 F.2d 383, 395 (D.C.Cir.1967); and the *39 steps taken by the court to mitigate the effects of the error.

2005It identified, as well, factors it determined to be decisive on the issue: the closeness of the case, id., citing Cross v. United States, 353 F.2d 454, 456 (D.C.Cir.1965); Jones v. United States, 338 F.2d 553 , 554 n. 3 (D.C.Cir.1964); the centrality of the issue affected by the error, id. citing King v. United States, 372 F.2d 383, 395 (D.C.Cir.1967); and the steps taken by the court to mitigate the effects of the error.

12
Harold S. Cross v. United Statesgreen
cadc · 1965 · cited in 1 Maryland opinions naming this issue, 2005–2005
2 sentences

2005It identified, as well, factors it determined to be decisive on the issue: the closeness of the case, id., citing Cross v. United States, 353 F.2d 454, 456 (D.C.Cir.1965); Jones v. United States, 338 F.2d 553 , 554 n. 3 (D.C.Cir.1964); the centrality of the issue affected by the error, id. citing King v. United States, 372 F.2d 383, 395 (D.C.Cir.1967); and the *39 steps taken by the court to mitigate the effects of the error.

2005It identified, as well, factors it determined to be decisive on the issue: the closeness of the case, id., citing Cross v. United States, 353 F.2d 454, 456 (D.C.Cir.1965); Jones v. United States, 338 F.2d 553 , 554 n. 3 (D.C.Cir.1964); the centrality of the issue affected by the error, id. citing King v. United States, 372 F.2d 383, 395 (D.C.Cir.1967); and the steps taken by the court to mitigate the effects of the error.

11
Walker v. Stategreen
md · 2003 · cited in 1 Maryland opinions naming this issue, 2005–2005
2 sentences

2005See also Walker v. State, 373 Md. 360, 399, 818 A.2d 1078, 1100 (2003).

2005See also Walker v. State, 373 Md. 360, 399, 818 A.2d 1078, 1100 (2003).

11
Johnson v. Stategreen
md · 1992 · cited in 1 Maryland opinions naming this issue, 1994–1994
2 sentences

1994Applying this test, we have declared prejudicial a prosecutor’s closing argument calling attention to a criminal defendant’s right to appeal, Johnson v. State, 325 Md. 511, 517-18 , 601 A.2d 1093, 1096 (1992), and, in a capital sentencing proceeding, a prosecutor’s reference to the possibility of parole.

1994Applying this test, we have declared prejudicial a prosecutor’s closing argument calling attention to a criminal defendant’s right to appeal, Johnson v. State, 325 Md. 511, 517-18 , 601 A.2d 1093, 1096 (1992), and, in a capital sentencing proceeding, a prosecutor’s reference to the possibility of parole.

11
Woodland v. Stategreen
mdctspecapp · 1985 · cited in 1 Maryland opinions naming this issue, 1986–1986
2 sentences

1986See also Woodland, 62 Md.App. at 517 , 490 A.2d 286 ; Curry v. State, 54 Md.App. 250, 257 , 458 A.2d 474 (1983).

1986See also Woodland, 62 Md.App. at 517 , 490 A.2d 286 ; Curry v. State, 54 Md.App. 250, 257 , 458 A.2d 474 (1983).

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 (9)

CaseCitedYears
Spain v. State green
md · 2005
2 sentences

2005We then considered the factors to be used during appellate review of the trial judge’s decision: “the severity of the remarks, the measures taken to cure any potential prejudice, and the weight of the evidence against the accused.” Spain, 386 Md. at 158-59 , 872 A.2d at 33 ; see Henry, 324 Md. at 232 , 596 A.2d at 1038 (stating that “[i]n determining whether reversible error occurred, an appellate court must take into account ‘1) the closeness of the case, 2) the centrality of the issue affected by the error, and 3) the steps taken to mitigate the effects of the error.’ Collins, 318 Md. at 280

2005We then considered the factors to be used during appellate review of the trial judge’s decision: “the severity of the remarks, the measures taken to cure any potential prejudice, and the weight of the evidence against the accused.” Spain, 386 Md. at 158-59 , 872 A.2d at 33 ; see Henry, 324 Md. at 232 , 596 A.2d at 1038 (stating that “[i]n determining whether reversible error occurred, an appellate court must take into account ‘1) the closeness of the case, 2) the centrality of the issue affected by the error, and 3) the steps taken to mitigate the effects of the error.’ Collins, 318 Md. at 280

22005–2011
Wise v. State green
mdctspecapp · 2000
2 sentences

2011“In determining whether reversible error occurred, we must take into account the closeness of the case, the centrality of the issue affected by the error, and the steps taken to mitigate the *85 effects of the error, if any.” Wise v. State, 132 Md.App. 127, 142 , 751 A.2d 24 (2000) (citation omitted).

2011“In determining whether reversible error occurred, we must take into account the closeness of the case, the centrality of the issue affected by the error, and the steps taken to mitigate the *85 effects of the error, if any.” Wise v. State, 132 Md.App. 127, 142 , 751 A.2d 24 (2000) (citation omitted).

12011–2011
MEDICAL MUTUAL LIABILITY INS. SOC. OF MARYLAND v. Evans green
md · 1993
2 sentences

2007Mut. v. Evans, 330 Md. at 19 , 622 A.2d 103 (quoting Kosmas v. State, 316 Md. 587, 594 , 560 A.2d 1137 (1989)). *403 “The applicable test for prejudice is whether we can say, ‘with fair assurance, after pondering all that happened without stripping the erroneous actions from the whole, that the judgment was not substantially swayed by the error.’ The decisive factors are the closeness of the case, the centrality of the issue affected by the error, and the steps taken to mitigate the effects of the error.” Wilhelm v. State, 272 Md. 404, 416 , 326 A.2d 707 (1974) (citations omitted).

2007Mut. v. Evans, 330 Md. at 19 , 622 A.2d 103 (quoting Kosmas v. State, 316 Md. 587, 594 , 560 A.2d 1137 (1989)). *403 “The applicable test for prejudice is whether we can say, ‘with fair assurance, after pondering all that happened without stripping the erroneous actions from the whole, that the judgment was not substantially swayed by the error.’ The decisive factors are the closeness of the case, the centrality of the issue affected by the error, and the steps taken to mitigate the effects of the error.” Wilhelm v. State, 272 Md. 404, 416 , 326 A.2d 707 (1974) (citations omitted).

12007–2007
Kosmas v. State green
md · 1989
2 sentences

2007Mut. v. Evans, 330 Md. at 19 , 622 A.2d 103 (quoting Kosmas v. State, 316 Md. 587, 594 , 560 A.2d 1137 (1989)). *403 “The applicable test for prejudice is whether we can say, ‘with fair assurance, after pondering all that happened without stripping the erroneous actions from the whole, that the judgment was not substantially swayed by the error.’ The decisive factors are the closeness of the case, the centrality of the issue affected by the error, and the steps taken to mitigate the effects of the error.” Wilhelm v. State, 272 Md. 404, 416 , 326 A.2d 707 (1974) (citations omitted).

2007Mut. v. Evans, 330 Md. at 19 , 622 A.2d 103 (quoting Kosmas v. State, 316 Md. 587, 594 , 560 A.2d 1137 (1989)). *403 “The applicable test for prejudice is whether we can say, ‘with fair assurance, after pondering all that happened without stripping the erroneous actions from the whole, that the judgment was not substantially swayed by the error.’ The decisive factors are the closeness of the case, the centrality of the issue affected by the error, and the steps taken to mitigate the effects of the error.” Wilhelm v. State, 272 Md. 404, 416 , 326 A.2d 707 (1974) (citations omitted).

12007–2007
Kenneth Jones v. United States of America, Willis Campbell, Jr. v. United States green
cadc · 1964
2 sentences

2005It identified, as well, factors it determined to be decisive on the issue: the closeness of the case, id., citing Cross v. United States, 353 F.2d 454, 456 (D.C.Cir.1965); Jones v. United States, 338 F.2d 553 , 554 n. 3 (D.C.Cir.1964); the centrality of the issue affected by the error, id. citing King v. United States, 372 F.2d 383, 395 (D.C.Cir.1967); and the *39 steps taken by the court to mitigate the effects of the error.

2005It identified, as well, factors it determined to be decisive on the issue: the closeness of the case, id., citing Cross v. United States, 353 F.2d 454, 456 (D.C.Cir.1965); Jones v. United States, 338 F.2d 553 , 554 n. 3 (D.C.Cir.1964); the centrality of the issue affected by the error, id. citing King v. United States, 372 F.2d 383, 395 (D.C.Cir.1967); and the *39 steps taken by the court to mitigate the effects of the error.

12005–2005
Hagez v. State green
mdctspecapp · 1996
2 sentences

2005This Court has pointed out three factors that “must be considered in order to determine whether a prosecutor’s remarks are prejudicial to the accused[ ] ... (1) the closeness of the case; (2) the centrality of the issue affected by the error; and (3) the steps taken by the trial judge to mitigate the effects of the remarks on the jury.” Hagez v. State, 110 Md.App. 194, 226 , 676 A.2d 992 (1996).

2005This Court has pointed out three factors that “must be considered in order to determine whether a prosecutor’s remarks are prejudicial to the accused[ ] ... (1) the closeness of the case; (2) the centrality of the issue affected by the error; and (3) the steps taken by the trial judge to mitigate the effects of the remarks on the jury.” Hagez v. State, 110 Md.App. 194, 226 , 676 A.2d 992 (1996).

12005–2005
Marks v. State green
mdctspecapp · 1990
2 sentences

1996Marks, 84 Md.App. at 291 , 578 A.2d 828 .

1996Marks, 84 Md.App. at 291 , 578 A.2d 828 .

11996–1996
Curry v. State green
mdctspecapp · 1983
2 sentences

1986See also Woodland, 62 Md.App. at 517 , 490 A.2d 286 ; Curry v. State, 54 Md.App. 250, 257 , 458 A.2d 474 (1983).

1986See also Woodland, 62 Md.App. at 517 , 490 A.2d 286 ; Curry v. State, 54 Md.App. 250, 257 , 458 A.2d 474 (1983).

11986–1986
Beard v. State green
mdctspecapp · 1979
1 sentence

1985In addition, the comments of the prosecutor were a “quick passing reference in the context of the overall argument.” Beard v. State, supra. [42 Md.App.] at 290, 399 A.2d 1383 .

11985–1985

Where else courts name it

DC 56 (1972–2026) MD 20 (1974–2016) DE 7 (1993–2024)

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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