lack requirement (Maryland) · Go Syfert
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lack requirement in Maryland

20 Maryland opinions name it 2 courts 1951–2025 2 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 (8)

CaseFollowedCited
Jones v. Stategreen
md · 2004 · cited in 1 Maryland opinions naming this issue, 2009–2009
2 sentences

2009See Jones, 379 Md. at 714 , 843 A.2d at 784 .

2009See Jones, 379 Md. at 714 , 843 A.2d at 784 .

11
In Re Candidacy of Dalygreen
minn · 1972 · cited in 1 Maryland opinions naming this issue, 2007–2007
2 sentences

2007See also Daly, 200 N.W.2d at 914 (recognizing that none of the persons seeking to become judge was admitted to the Minnesota Bar).

2007See also Daly, 200 N.W.2d at 914 (recognizing that none of the persons seeking to become judge was admitted to the Minnesota Bar).

11
Ennis v. Stategreen
md · 1986 · cited in 1 Maryland opinions naming this issue, 2006–2006
2 sentences

2006See Ennis v. State, supra, 306 Md. at 590-597 , 510 A.2d at 579-582 , for a detailed discussion of Rule 4-324(a) and its predecessors, as well as the history and constitutional underpinnings of the motion-for-judgment-of-acquittal requirement in criminal jury trials and the lack of such requirement in non-jury trials.

2006See Ennis v. State, supra, 306 Md. at 590-597 , 510 A.2d at 579-582 , for a detailed discussion of Rule 4-324(a) and its predecessors, as well as the history and constitutional underpinnings of the motion-for-judgment-of-acquittal requirement in criminal jury trials and the lack of such requirement in non-jury trials.

11
State v. Millergreen
wva · 1990 · cited in 1 Maryland opinions naming this issue, 2005–2005
2 sentences

2005See, e.g., State v. Miller, 184 W.Va. 367 , 400 S.E.2d 611, 612-13 (1990) (jury not even told what crimes for which defendant was tried); Gardner v. State, 185 Ga.App. 184 , 363 S.E.2d 843 (1987).

2005See, e.g., State v. Miller, 184 W.Va. 367 , 400 S.E.2d 611, 612-13 (1990) (jury not even told what crimes for which defendant was tried); Gardner v. State, 185 Ga.App. 184 , 363 S.E.2d 843 (1987).

11
Bedford v. Stategreen
md · 1989 · cited in 1 Maryland opinions naming this issue, 2000–2000
2 sentences

2000Citing Bedford v. State, 317 Md. 659, 667-68 , 566 A.2d 111, 115 (1989), and Pettie v. State, 316 Md. 509, 519-20 , 560 A.2d 577, 581-82 (1989), the petitioner argues that, because, as it is in this case, the failure to inquire is so ambiguous and is subject to so many interpretations, evidence of the lack of inquiry cannot be probative of consciousness of guilt and, therefore, simply is irrelevant.

2000Citing Bedford v. State, 317 Md. 659, 667-68 , 566 A.2d 111, 115 (1989), and Pettie v. State, 316 Md. 509, 519-20 , 560 A.2d 577, 581-82 (1989), the petitioner argues that, because, as it is in this case, the failure to inquire is so ambiguous and is subject to so many interpretations, evidence of the lack of inquiry cannot be probative of consciousness of guilt and, therefore, simply is irrelevant.

11
Pettie v. Stategreen
md · 1989 · cited in 1 Maryland opinions naming this issue, 2000–2000
2 sentences

2000Citing Bedford v. State, 317 Md. 659, 667-68 , 566 A.2d 111, 115 (1989), and Pettie v. State, 316 Md. 509, 519-20 , 560 A.2d 577, 581-82 (1989), the petitioner argues that, because, as it is in this case, the failure to inquire is so ambiguous and is subject to so many interpretations, evidence of the lack of inquiry cannot be probative of consciousness of guilt and, therefore, simply is irrelevant.

2000Citing Bedford v. State, 317 Md. 659, 667-68 , 566 A.2d 111, 115 (1989), and Pettie v. State, 316 Md. 509, 519-20 , 560 A.2d 577, 581-82 (1989), the petitioner argues that, because, as it is in this case, the failure to inquire is so ambiguous and is subject to so many interpretations, evidence of the lack of inquiry cannot be probative of consciousness of guilt and, therefore, simply is irrelevant.

11
William Duane Elledge v. Richard L. Duggergreen
ca11 · 1987 · cited in 1 Maryland opinions naming this issue, 1997–1997
1 sentence

1997Judge Edmondson asserted that there was a significant difference between a trial on guilt or innocence and a capilal sentencing proceeding and that "[wjhen the defendant's right to a presumption of innocence is not present the defendant's constitutional interest in remaining unshackled is severely reduced.” Id. at 1454.

11
State v. Duckettgreen
md · 1986 · cited in 1 Maryland opinions naming this issue, 1987–1987
2 sentences

1987See, State v. Duckett, 306 Md. at 509 , 510 A.2d 253 .

1987See, State v. Duckett, 306 Md. at 509 , 510 A.2d 253 .

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 (18)

CaseCitedYears
Monarch Acad. Balt. Campus, Inc. v. Balt. City Bd. of Sch. Comm'rs green
md · 2017
2 sentences

2025Two key factors in the Court’s analysis included the lack of instruction from the court about what the parties needed to do to resume the court proceedings, coupled with no “clear procedural mechanism through which” the party could bring their claim before the administrative agency, id. at 50 , and the potentially “indefinite and protracted” administrative proceedings the parties would have to endure before they could resume court proceedings.

2025Id. at 53 .

12025–2025
Snead v. State green
md · 1979
2 sentences

2025Unlike in Faretta, 422 U.S. at 835-36 , where the trial court forced the defendant to accept a public defender against his will, and in Snead, 286 Md. at 131 , 406 A.2d at 103 , where it was not clear given the lack of inquiry whether it was appropriate for the trial court to deny the defendant’s request to proceed self-represented and to have him be represented by counsel, 15 Mr. Goodrich also contends that, with this remark, the administrative judge demonstrated that he was either “unaware of the dictates of Faretta or simply made no effort to apply them.” - 34 - the circuit court did not fo

2025Unlike in Faretta, 422 U.S. at 835-36 , where the trial court forced the defendant to accept a public defender against his will, and in Snead, 286 Md. at 131 , 406 A.2d at 103 , where it was not clear given the lack of inquiry whether it was appropriate for the trial court to deny the defendant’s request to proceed self-represented and to have him be represented by counsel, 15 Mr. Goodrich also contends that, with this remark, the administrative judge demonstrated that he was either “unaware of the dictates of Faretta or simply made no effort to apply them.” - 34 - the circuit court did not fo

12025–2025
Faretta v. California green
scotus · 1975
1 sentence

2025Unlike in Faretta, 422 U.S. at 835-36 , where the trial court forced the defendant to accept a public defender against his will, and in Snead, 286 Md. at 131 , 406 A.2d at 103 , where it was not clear given the lack of inquiry whether it was appropriate for the trial court to deny the defendant’s request to proceed self-represented and to have him be represented by counsel, 15 Mr. Goodrich also contends that, with this remark, the administrative judge demonstrated that he was either “unaware of the dictates of Faretta or simply made no effort to apply them.” - 34 - the circuit court did not fo

12025–2025
State v. Rich green
md · 2017
2 sentences

2018Id. at 467 , 164 A.3d at 366 .

2018Id. at 467 , 164 A.3d at 366 .

12018–2018
Snyder v. State green
md · 2000
2 sentences

2011Snyder, 361 Md. at 596 , 762 A.2d at 134 .

2011Snyder, 361 Md. at 596 , 762 A.2d at 134 .

12011–2011
State v. Robinson green
me · 1985
2 sentences

2008In State v. Robinson, 496 A.2d at 1067 , the Supreme Judicial Court of Maine was called upon to decide whether the trial judge had provided the jury with an incorrect jury instruction.

2008In State v. Robinson, 496 A.2d at 1067 , the Supreme Judicial Court of Maine was called upon to decide whether the trial judge had provided the jury with an incorrect jury instruction.

12008–2008
Littlejohn v. Cleland green
ga · 1983
2 sentences

2007It was the candidate's complete lack of bar membership that led the court to conclude that the candidate "[did] not meet the constitutional requirement to seek or hold the position of Associate Justice of the Supreme of Georgia,” id., and that is a far ciy from defining what it means to practice law when someone is actually a member of the bar of a particular state.

2007It was the candidate's complete lack of bar membership that led the court to conclude that the candidate "[did] not meet the constitutional requirement to seek or hold the position of Associate Justice of the Supreme of Georgia," id., and that is a far cry from defining what it means to practice law when someone is actually a member of the bar of a particular state.

12007–2007
Gardner v. State neutral
gactapp · 1987
2 sentences

2005See, e.g., State v. Miller, 184 W.Va. 367 , 400 S.E.2d 611, 612-13 (1990) (jury not even told what crimes for which defendant was tried); Gardner v. State, 185 Ga.App. 184 , 363 S.E.2d 843 (1987).

2005See, e.g., State v. Miller, 184 W.Va. 367 , 400 S.E.2d 611, 612-13 (1990) (jury not even told what crimes for which defendant was tried); Gardner v. State, 185 Ga.App. 184 , 363 S.E.2d 843 (1987).

12005–2005
Owens-Illinois, Inc. v. Zenobia green
md · 1992
2 sentences

1993Because the purpose of punitive damages is to deter defendants, retroactive application of Zenobia best serves this purpose. 325 Md. at 471 , 601 A.2d 633 .

1993Because the purpose of punitive damages is to deter defendants, retroactive application of Zenobia best serves this purpose. 325 Md. at 471 , 601 A.2d 633 .

11993–1993
Burrell v. State green
mdctspecapp · 1979
2 sentences

1987This is so because the offense of statutory breaking and entering lacks the proof of any conduct that “could lead a rational person reasonably to conclude that one who would commit such a crime would be less likely to speak the truth than one who would not commit such a crime,” Burrell v. State, 42 Md.App. at 140 , 399 A.2d 1354 , and the lack of a requirement of any particular mens rea makes it impossible to say that one’s conduct in committing that crime renders his credibility suspect.

1987This is so because the offense of statutory breaking and entering lacks the proof of any conduct that “could lead a rational person reasonably to conclude that one who would commit such a crime would be less likely to speak the truth than one who would not commit such a crime,” Burrell v. State, 42 Md.App. at 140 , 399 A.2d 1354 , and the lack of a requirement of any particular mens rea makes it impossible to say that one’s conduct in committing that crime renders his credibility suspect.

11987–1987
Windsor Hills Improvement Ass'n v. Mayor of Baltimore green
md · 1950
1 sentence

1986Windsor Hills Improvement Association v. Baltimore, 195 Md. 383, 389 , 73 A. (2) 531, 533.

11986–1986
Dorsey v. State green
md · 1976
2 sentences

1977Dorsey v. State, 278 Md. 221 , 362 A. 2d 642 (1976).

1977Dorsey v. State, 278 Md. 221 , 362 A. 2d 642 (1976).

11977–1977
Dal Maso v. Board of County Commissioners green
md · 1972
2 sentences

1972Although the Court indicated in Millbrae that the Planning Commission had departed from the specified standards in approving the Project Precise Plan in that case, no point was made in regard to the lack of a requirement of any hearing prior to approval of such a plan. (4) The appellants fourthly contend that Resolution 244 is invalid as contrary to the Prince George’s County Charter which, in its terms, prohibits “floating zones” and “conditional zoning.” See Dal Maso v. Board of County Commissioners for Prince George’s County, 264 Md. 691 , 288 A. 2d 119 (1972).

1972Although the Court indicated in Millbrae that the Planning Commission had departed from the specified standards in approving the Project Precise Plan in that case, no point was made in regard to the lack of a requirement of any hearing prior to approval of such a plan. (4) The appellants fourthly contend that Resolution 244 is invalid as contrary to the Prince George’s County Charter which, in its terms, prohibits “floating zones” and “conditional zoning.” See Dal Maso v. Board of County Commissioners for Prince George’s County, 264 Md. 691 , 288 A. 2d 119 (1972).

11972–1972
Village 2 at New Hope, Inc. Appeals green
pa · 1968
2 sentences

1972The Supreme Court of Pennsylvania in Cheney, supra, held that the planned unit *363 development zone involved in that case was not a “floating zone,” 429 Pa. at 634 , 241 A. 2d at 85 .

1972The Supreme Court of Pennsylvania in Cheney, supra, held that the planned unit *363 development zone involved in that case was not a “floating zone,” 429 Pa. at 634 , 241 A. 2d at 85 .

11972–1972
Pritchard v. Warden of Maryland House of Correction green
md · 1956
2 sentences

1966Pritchard v. Warden, 209 Md. 662 , 121 A. 2d 696 (1956).

1966Pritchard v. Warden, 209 Md. 662 , 121 A. 2d 696 (1956).

11966–1966
Mayor of Baltimore v. Walker neutral
md · 1955
1 sentence

1962Cf. City of Baltimore v. Walker, 208 Md. 454 .

11962–1962
Baltimore Transit Co. v. State Ex Rel. Castranda green
md · 1974
1 sentence

1957In deciding the case before us, we apply the familiar rule that “The question of contributory negligence must be considered in the light of all the inferences favorable to the plaintiff’s case that may be fairly deduced from the evidence.” Baltimore Transit Co. v. Castranda, 194 Md. 421, 434 .

11957–1957
Gosnell v. B. O.R.R. Co. green
md · 1948
2 sentences

1951In that case, this Court found, 189 Md. at page 691 , 57 A. 2d at page 828 : “The appellee not having safety gates, in the absence of all other safety devices for' crossing warnings at night, reasonable minds might differ as to whether the watchman gave the warning in sufficient time and in such a manner as to adequately warn the driver of appellant’s car of the danger.” There, we found that there was sufficient evidence that the lack of warning to the appellant was the proximate cause of the accident, to justify submission of the case to the jury.

1951In that case, this Court found, 189 Md. at page 691 , 57 A. 2d at page 828 : “The appellee not having safety gates, in the absence of all other safety devices for' crossing warnings at night, reasonable minds might differ as to whether the watchman gave the warning in sufficient time and in such a manner as to adequately warn the driver of appellant’s car of the danger.” There, we found that there was sufficient evidence that the lack of warning to the appellant was the proximate cause of the accident, to justify submission of the case to the jury.

11951–1951

Where else courts name it

TX 241 (1968–2026) CA 230 (1943–2026) OH 112 (1981–2025) PA 86 (1927–2026) WA 74 (1974–2025) IL 72 (1908–2026) NY 53 (1898–2023) FL 49 (1973–2026) NJ 44 (1941–2026) GA 43 (1964–2024) MS 41 (1965–2024) IN 40 (1975–2026) MO 40 (1942–2024) MI 37 (1914–2025) MA 34 (1947–2023) LA 25 (1967–2020) CT 25 (1943–2024) OK 24 (1932–2020) MN 24 (1975–2024) IA 21 (1975–2025) OR 21 (1988–2024) MD 20 (1951–2025) VT 18 (1977–2025) NC 18 (1973–2022) CO 18 (1991–2026) AZ 16 (1970–2024) KS 16 (1904–2024) NM 16 (1929–2024) WI 15 (1963–2025) AL 15 (1968–2025) UT 15 (1988–2026) TN 14 (1984–2021) WV 14 (1959–2026) DC 14 (1976–2023) ND 12 (1955–2021) KY 11 (1940–2026) HI 9 (1962–2023) WY 8 (1986–2019) RI 8 (1980–2010) NE 7 (1981–2026) NH 7 (1970–2023) MT 7 (1899–2025) VA 6 (1950–2010) NV 6 (1939–2021) ME 6 (1985–2025) SD 5 (2007–2020) SC 5 (1984–2002) AK 5 (1980–2015) ID 4 (1987–2023) AR 3 (1987–2018) DE 3 (1962–2025) GU 2 (2021–2022)

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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