outset analysis (Maryland) · Go Syfert
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outset analysis in Maryland

17 Maryland opinions name it 2 courts 1949–2024 1 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 (7)

CaseFollowedCited
State v. Haasgreen
md · 1947 · cited in 2 Maryland opinions naming this issue, 2017–2017
2 sentences

2017The case reached the Court of Appeals, which explained at the outset of its analysis that, “[a]t common law, a criminal defendant had no right to pre-trial discovery.” 337 Md. at 121 6 Federal Rule of Criminal Procedure 16(a)(1)(e) requires that the item be “within the government’s possession, custody, or control” and that it be either “material to preparing the defense[,]” an item the government intends to use in its case-in-chief, or an item that was “obtained from or belongs to the defendant.” -14- (citing State v. Haas, 188 Md. 63, 69 (1947), overruled on other grounds, In re Petition for

2017The case reached the Court of *145 Appeals, which explained at the outset of its analysis that, “[a]t common law, a criminal defendant had no right to pretrial discovery.” 337 Md. at 121 , 651 A.2d 866 (citing State v. Haas, 188 Md. 63, 69 , 51 A.2d 647 (1947), overruled on other grounds, In re Petition for Writ of Prohibition, 312 Md. 280, 305 , 539 A.2d 664 (1988)). “ ‘American courts, relying on the English precedent, adopted a common law rule holding that the judiciary lacked any inherent authority to order pretrial discovery in criminal cases.’ ” Id. (citing and quoting Wayne R.

12
In Re Petition for Writ of Prohibitiongreen
md · 1988 · cited in 2 Maryland opinions naming this issue, 2017–2017
2 sentences

2017The case reached the Court of Appeals, which explained at the outset of its analysis that, “[a]t common law, a criminal defendant had no right to pre-trial discovery.” 337 Md. at 121 6 Federal Rule of Criminal Procedure 16(a)(1)(e) requires that the item be “within the government’s possession, custody, or control” and that it be either “material to preparing the defense[,]” an item the government intends to use in its case-in-chief, or an item that was “obtained from or belongs to the defendant.” -14- (citing State v. Haas, 188 Md. 63, 69 (1947), overruled on other grounds, In re Petition for

2017The case reached the Court of Appeals, which explained at the outset of its analysis that, “[a]t common law, a criminal defendant had no right to pre-trial discovery.” 337 Md. at 121 6 Federal Rule of Criminal Procedure 16(a)(1)(e) requires that the item be “within the government’s possession, custody, or control” and that it be either “material to preparing the defense[,]” an item the government intends to use in its case-in-chief, or an item that was “obtained from or belongs to the defendant.” -14- (citing State v. Haas, 188 Md. 63, 69 (1947), overruled on other grounds, In re Petition for

12
Rosales v. Stategreen
md · 2019 · cited in 1 Maryland opinions naming this issue, 2020–2020
1 sentence

2020Instead, the time limitation is governed by the Maryland Rules.” Id. at 563.

11
United States v. Jonesgreen
scotus · 2012 · cited in 1 Maryland opinions naming this issue, 2013–2013
1 sentence

2013Jones, 132 S.Ct. 945, 949 (“the Government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search’ ”).

11
Spitzinger v. Stategreen
md · 1995 · cited in 1 Maryland opinions naming this issue, 2001–2001
2 sentences

2001It is important to note at the outset of this analysis that “[wjhere there is a merger of a lesser included offense into a greater offense, we are not concerned with penalties — the lesser included offense generally merges into and is subsumed by the greater offense regardless of penalties.” Spitzinger v. State, 340 Md. 114, 125 , 665 A.2d 685, 690 (1995) (citing Simms, 288 Md. 712 , 421 A.2d 957 ).

2001It is important to note at the outset of this analysis that “[wjhere there is a merger of a lesser included offense into a greater offense, we are not concerned with penalties — the lesser included offense generally merges into and is subsumed by the greater offense regardless of penalties.” Spitzinger v. State, 340 Md. 114, 125 , 665 A.2d 685, 690 (1995) (citing Simms, 288 Md. 712 , 421 A.2d 957 ).

11
State v. Duckettgreen
md · 1986 · cited in 1 Maryland opinions naming this issue, 1999–1999
2 sentences

1999See also LAFAVE & ISRAEL, supra, § 19.2(e), at 458 ("Multiplicity does not require dismissal of the indictment."). [5] We note at the outset of our analysis that "there is no single crime in our State called `assault and battery.'" State v. Duckett, 306 Md. 503, 510 , 510 A.2d 253, 256 (1986).

1999See also LAFAVE & ISRAEL, supra, § 19.2(e), at 458 ("Multiplicity does not require dismissal of the indictment."). [5] We note at the outset of our analysis that "there is no single crime in our State called `assault and battery.'" State v. Duckett, 306 Md. 503, 510 , 510 A.2d 253, 256 (1986).

11
Raithel v. Stategreen
md · 1977 · cited in 1 Maryland opinions naming this issue, 1986–1986
2 sentences

1986See Raithel v. State, 280 Md. 291 , 372 A.2d 1069 (1977).

1986See Raithel v. State, 280 Md. 291 , 372 A.2d 1069 (1977).

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 (13)

CaseCitedYears
Goldsmith v. State green
md · 1995
2 sentences

2017The case reached the Court of Appeals, which explained at the outset of its analysis that, “[a]t common law, a criminal defendant had no right to pre-trial discovery.” 337 Md. at 121 6 Federal Rule of Criminal Procedure 16(a)(1)(e) requires that the item be “within the government’s possession, custody, or control” and that it be either “material to preparing the defense[,]” an item the government intends to use in its case-in-chief, or an item that was “obtained from or belongs to the defendant.” -14- (citing State v. Haas, 188 Md. 63, 69 (1947), overruled on other grounds, In re Petition for

2017The case reached the Court of *145 Appeals, which explained at the outset of its analysis that, “[a]t common law, a criminal defendant had no right to pretrial discovery.” 337 Md. at 121 , 651 A.2d 866 (citing State v. Haas, 188 Md. 63, 69 , 51 A.2d 647 (1947), overruled on other grounds, In re Petition for Writ of Prohibition, 312 Md. 280, 305 , 539 A.2d 664 (1988)). “ ‘American courts, relying on the English precedent, adopted a common law rule holding that the judiciary lacked any inherent authority to order pretrial discovery in criminal cases.’ ” Id. (citing and quoting Wayne R.

22017–2017
Baker v. State green
mdctspecapp · 2000
1 sentence

2024In denying the motion to dismiss, Judge Davis implicitly accepted as a fact that the prosecutor had no deliberate purpose to circumvent the 180-day rule. 130 Md.

12024–2024
Wellington Co. v. Shakiba green
mdctspecapp · 2008
1 sentence

2020As a result of Chapter 592, however, an action at law to enforce an obligation evidenced by a promissory note, deed of trust, or mortgage on owner-occupied residential property is now subject to the three-year statute of limitations in § 5-101.14 In addition to the codified provisions of Chapter 592, the General Assembly enacted four substantive uncodified provisions, two of which concern the exclusion effected by § 1.15 Section 3 of Chapter 592 provides: “That, except as provided in Section 4 of this stressed at the outset of our analysis that the action at issue “d[id] not involve a foreclos

12020–2020
North Carolina v. Alford green
scotus · 1970
2 sentences

2010At the outset of the hearing, defense counsel informed the court of the terms of the plea agreement between the parties: Petitioner would enter an Alford plea, see North Carolina v. Alford, 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970), to two counts of robbery with a dangerous weapon (one count for each of the two victims); the State would enter the remaining charges nolle prosequi; and "sentencing [would] be within Guidelines." The court confirmed that it was being asked that "I just commit myself within Guidelines?" to which the State replied, "Yes, sir.

2010At the outset of the hearing, defense counsel informed the court of the terms of the plea agreement between the parties: Petitioner would enter an Alford plea, see North Carolina v. Alford, 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970), to two counts of robbery with a dangerous weapon (one count for each of the two victims); the State would enter the remaining charges nolle prosequi; and "sentencing [would] be within Guidelines." The court confirmed that it was being asked that "I just commit myself within Guidelines?" to which the State replied, "Yes, sir.

12010–2010
Collins v. State green
md · 2003
2 sentences

2009Collins, 376 Md. at 366-67 , 829 A.2d 992 .

2009Collins, 376 Md. at 366-67 , 829 A.2d 992 .

12009–2009
Kujawa v. Baltimore Transit Co. green
md · 1961
2 sentences

2005Even so, we acknowledge that this Court has already addressed the issue of voir dire questions and tort reform in Kujawa v. Baltimore Transit Company, 224 Md. 195 , 167 A.2d 96 (1961).

2005Even so, we acknowledge that this Court has already addressed the issue of voir dire questions and tort reform in Kujawa v. Baltimore Transit Company, 224 Md. 195 , 167 A.2d 96 (1961).

12005–2005
Birckhead v. Mayor of Baltimore green
md · 1938
2 sentences

2005At the outset of its analysis, the Court observed that, “[i]f the traveler goes outside of the bounds of the highway he cannot, as a general rule, recover of the municipality for injuries sustained as a result of a condition encountered beyond these limits.” Id. at 36 , 197 A. 615 .

2005At the outset of its analysis, the Court observed that, “[i]f the traveler goes outside of the bounds of the highway he cannot, as a general rule, recover of the municipality for injuries sustained as a result of a condition encountered beyond these limits.” Id. at 36 , 197 A. 615 .

12005–2005
Simms v. State green
md · 1980
2 sentences

2001It is important to note at the outset of this analysis that “[wjhere there is a merger of a lesser included offense into a greater offense, we are not concerned with penalties — the lesser included offense generally merges into and is subsumed by the greater offense regardless of penalties.” Spitzinger v. State, 340 Md. 114, 125 , 665 A.2d 685, 690 (1995) (citing Simms, 288 Md. 712 , 421 A.2d 957 ).

2001It is important to note at the outset of this analysis that “[wjhere there is a merger of a lesser included offense into a greater offense, we are not concerned with penalties — the lesser included offense generally merges into and is subsumed by the greater offense regardless of penalties.” Spitzinger v. State, 340 Md. 114, 125 , 665 A.2d 685, 690 (1995) (citing Simms, 288 Md. 712 , 421 A.2d 957 ).

12001–2001
ADM Partnership v. Martin green
md · 1997
2 sentences

2000At the outset of our analysis, we explained that “an employee’s act becomes voluntary when the employee is given a clear and reasonable choice either to act or not to act, and then chooses willingly to act.” ADM Partnership, 348 Md. at 93 , 702 A.2d at 735 . (citations omitted).

2000At the outset of our analysis, we explained that “an employee’s act becomes voluntary when the employee is given a clear and reasonable choice either to act or not to act, and then chooses willingly to act.” ADM Partnership, 348 Md. at 93 , 702 A.2d at 735 . (citations omitted).

12000–2000
Frye v. Frye green
md · 1986
2 sentences

1988Frye v. Frye, 305 Md. 542 , 505 A.2d 826 (1986).

1988Frye v. Frye, 305 Md. 542 , 505 A.2d 826 (1986).

11988–1988
Gideon v. Wainwright green
scotus · 1963
1 sentence

1967The record discloses full agreement between the petitioner and the State that Hardy was indicted on May 12, 1947 for an alleged rape occurring on September 17, 1946; that he was apprehended in Virginia on January 17, 1948, returned to Maryland the following day, and placed in the Harford County jail; that he was arraigned on February 27, 1948, at which time he pleaded not guilty; that while he was not represented by counsel at the time of his arraignment, two lawyers were appointed by the court to represent him not later than two days after the arraignment; that he was tried and convicted by a

11967–1967
Hope v. . Brewer green
ny · 1892
2 sentences

1949Goodrich, Conflict of Laws, 2d Ed., § 155, citing Vansant v. Roberts, 3 Md. 119 ; Hope v. Brewer, 136 N. Y. 126 , 32 N. E. 558 , 18 L.

1949Goodrich, Conflict of Laws, 2d Ed., § 155, citing Vansant v. Roberts, 3 Md. 119 ; Hope v. Brewer, 136 N. Y. 126 , 32 N. E. 558 , 18 L.

11949–1949
Vansant v. Roberts green
md · 1852
1 sentence

1949Goodrich, Conflict of Laws, 2d Ed., § 155, citing Vansant v. Roberts, 3 Md. 119 ; Hope v. Brewer, 136 N. Y. 126 , 32 N. E. 558 , 18 L.

11949–1949

Where else courts name it

CA 106 (1899–2025) TX 86 (1912–2024) IL 58 (1974–2025) NY 51 (1891–2026) OH 38 (1924–2026) PA 36 (1891–2025) CT 34 (1985–2025) MA 21 (1973–2025) GA 18 (1941–2026) MD 17 (1949–2024) NJ 17 (1952–2024) MI 16 (1915–2023) IN 16 (1974–2025) UT 16 (1983–2026) WI 16 (1974–2025) TN 15 (1979–2021) OR 13 (1905–2022) AL 12 (1982–2026) LA 11 (1981–2017) CO 11 (1986–2025) NC 11 (1940–2023) FL 10 (1911–2020) DC 10 (1970–2016) WA 10 (1930–2015) KY 10 (2001–2024) MO 10 (1904–2024) MN 9 (1927–2017) VT 9 (1927–2025) MS 8 (2005–2024) ID 8 (1937–2020) KS 7 (1940–2017) AZ 7 (1981–2019) RI 7 (1984–2018) NM 6 (1935–2010) ME 6 (1972–2012) AK 6 (1975–2022) HI 5 (1982–2026) IA 5 (1940–2020) MT 4 (1911–2009) WV 4 (1914–2016) AR 4 (1976–2024) DE 4 (2021–2025) SC 3 (2009–2022) VA 3 (1987–1990) NH 3 (1983–2018) WY 2 (2022–2024) NE 2 (2017–2023)

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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