fair notice principle (Maryland) · Go Syfert
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fair notice principle in Maryland

16 Maryland opinions name it 2 courts 1981–2024 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 (5)

CaseFollowedCited
Bowers v. Stategreen
md · 1978 · cited in 13 Maryland opinions naming this issue, 1981–2024
2 sentences

2024“A statute is not vague under the fair notice principle if the meaning ‘of the words in controversy can be fairly ascertained by reference to judicial determinations, the common law, dictionaries, treatises or even the words themselves, if they possess a common and generally accepted meaning.’” Id. (quoting Bowers v. State, 283 Md. 115, 125 (1978)); see also Eanes v. State, 318 Md. 72 436, 461 (1990) (“[W]e . . . apply normal meanings to words of common understanding[.]”).

2024“A statute is not vague under the fair notice principle if the meaning ‘of the words in controversy can be fairly ascertained by reference to judicial determinations, the common law, dictionaries, treatises or even the words themselves, if they possess a common and generally accepted meaning.’” Id. (quoting Bowers v. State, 283 Md. 115, 125 (1978)); see also Eanes v. State, 318 Md. 72 436, 461 (1990) (“[W]e . . . apply normal meanings to words of common understanding[.]”).

613
Eanes v. Stategreen
md · 1990 · cited in 6 Maryland opinions naming this issue, 2000–2009
2 sentences

2009A statute is not vague under the fair notice principle if the meaning “of the words in controversy can be fairly ascertained by reference to judicial determinations, the common law, dictionaries, treatises or even the words themselves, if they possess a common and generally accepted meaning.” Bowers, 283 Md. at 125 , 389 A.2d at 348 (emphasis added) (citations omitted); see Eanes, 318 Md. at 460 , 569 A.2d at 615-16 .

2009A statute is not vague under the fair notice principle if the meaning “of the words in controversy can be fairly ascertained by reference to judicial determinations, the common law, dictionaries, treatises or even the words themselves, if they possess a common and generally accepted meaning.” Bowers, 283 Md. at 125 , 389 A.2d at 348 (emphasis added) (citations omitted); see Eanes, 318 Md. at 460 , 569 A.2d at 615-16 .

46
Williams v. Stategreen
md · 1992 · cited in 4 Maryland opinions naming this issue, 2001–2009
2 sentences

2009The first rationale is the fair notice principle that “persons of ordinary intelligence and experience be afforded a reasonable opportunity to know what is prohibited, so that they may govern their behavior accordingly.” Williams, 329 Md. at 8 , 616 A.2d at 1278 (internal quotation marks omitted) (quoting Bowers, 283 Md. at 121 , 389 A.2d 341 ); see Ferro v. Lewis, 348 Md. 593, 607 , 705 A.2d 311, 318 (1998).

2009The first rationale is the fair notice principle that “persons of ordinary intelligence and experience be afforded a reasonable opportunity to know what is prohibited, so that they may govern their behavior accordingly.” Williams, 329 Md. at 8 , 616 A.2d at 1278 (internal quotation marks omitted) (quoting Bowers, 283 Md. at 121 , 389 A.2d 341 ); see Ferro v. Lewis, 348 Md. 593, 607 , 705 A.2d 311, 318 (1998).

34
Ferro v. Lewisgreen
md · 1998 · cited in 3 Maryland opinions naming this issue, 2001–2009
2 sentences

2009The first rationale is the fair notice principle that “persons of ordinary intelligence and experience be afforded a reasonable opportunity to know what is prohibited, so that they may govern their behavior accordingly.” Williams, 329 Md. at 8 , 616 A.2d at 1278 (internal quotation marks omitted) (quoting Bowers, 283 Md. at 121 , 389 A.2d 341 ); see Ferro v. Lewis, 348 Md. 593, 607 , 705 A.2d 311, 318 (1998).

2009The first rationale is the fair notice principle that “persons of ordinary intelligence and experience be afforded a reasonable opportunity to know what is prohibited, so that they may govern their behavior accordingly.” Williams, 329 Md. at 8 , 616 A.2d at 1278 (internal quotation marks omitted) (quoting Bowers, 283 Md. at 121 , 389 A.2d 341 ); see Ferro v. Lewis, 348 Md. 593, 607 , 705 A.2d 311, 318 (1998).

33
Grayned v. City of Rockfordgreen
scotus · 1972 · cited in 3 Maryland opinions naming this issue, 1990–2000
2 sentences

2000Additionally, we must find a statute void for vagueness when "it lacks fixed enforcement standards or guidelines and thus `impermissibly delegates basic policy matters to policemen, judges and juries for resolution.'" Eanes v. State, 318 Md. 436, 459 , 569 A.2d 604 (quoting Grayned v. Rockford, 408 U.S. 104 , 108, 92 S.Ct. 2294, 2298 , 33 L.Ed.2d 222 (1972)), cert. denied, 496 U.S. 938 , 110 S.Ct. 3218 , 110 L.Ed.2d 665 (1990).

2000Additionally, we must find a statute void for vagueness when "it lacks fixed enforcement standards or guidelines and thus `impermissibly delegates basic policy matters to policemen, judges and juries for resolution.'" Eanes v. State, 318 Md. 436, 459 , 569 A.2d 604 (quoting Grayned v. Rockford, 408 U.S. 104 , 108, 92 S.Ct. 2294, 2298 , 33 L.Ed.2d 222 (1972)), cert. denied, 496 U.S. 938 , 110 S.Ct. 3218 , 110 L.Ed.2d 665 (1990).

13

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 (7)

CaseCitedYears
Galloway v. State green
md · 2001
2 sentences

2024“A statute is not vague under the fair notice principle if the meaning ‘of the words in controversy can be fairly ascertained by reference to judicial determinations, the common law, dictionaries, treatises or even the words themselves, if they possess a common and generally accepted meaning.’” Id. (quoting Bowers v. State, 283 Md. 115, 125 (1978)); see also Eanes v. State, 318 Md. 72 436, 461 (1990) (“[W]e . . . apply normal meanings to words of common understanding[.]”).

2024“A statute is not vague under the fair notice principle if the meaning ‘of the words in controversy can be fairly ascertained by reference to judicial determinations, the common law, dictionaries, treatises or even the words themselves, if they possess a common and generally accepted meaning.’” Id. (quoting Bowers v. State, 283 Md. 115, 125 (1978)); see also Eanes v. State, 318 Md. 72 436, 461 (1990) (“[W]e . . . apply normal meanings to words of common understanding[.]”).

62005–2024
Broadrick v. Oklahoma green
scotus · 1973
2 sentences

2009The standard for determining whether a statute provides fair notice is *482 “whether persons ‘of common intelligence must necessarily guess at [the statute’s] meaning.’ ” Williams, 329 Md. at 8 , 616 A.2d at 1278 (alteration in original) (quoting Broadrick v. Oklahoma, 413 U.S. 601, 607 , 93 S.Ct. 2908, 2913 , 37 L.Ed.2d 830 (1973)).

2009The standard for determining whether a statute provides fair notice is *482 “whether persons ‘of common intelligence must necessarily guess at [the statute’s] meaning.’ ” Williams, 329 Md. at 8 , 616 A.2d at 1278 (alteration in original) (quoting Broadrick v. Oklahoma, 413 U.S. 601, 607 , 93 S.Ct. 2908, 2913 , 37 L.Ed.2d 830 (1973)).

42001–2009
Michigan v. Grzegorczyk green
scotus · 1990
2 sentences

2000Additionally, we must find a statute void for vagueness when “it lacks fixed enforcement standards or guidelines and thus ‘impermissibly delegates basic policy matters to policemen, judges and juries for resolution.’ ” Eanes v. State, 318 Md. 436, 459 , 569 A.2d 604 (quoting Grayned v. Rockford, 408 U.S. 104 , 108, 92 S.Ct. 2294, 2298 , 33 L.Ed.2d 222 (1972)), cert. denied, 496 U.S. 938 , 110 S.Ct. 3218 , 110 L.Ed.2d 665 (1990).

2000Additionally, we must find a statute void for vagueness when "it lacks fixed enforcement standards or guidelines and thus `impermissibly delegates basic policy matters to policemen, judges and juries for resolution.'" Eanes v. State, 318 Md. 436, 459 , 569 A.2d 604 (quoting Grayned v. Rockford, 408 U.S. 104 , 108, 92 S.Ct. 2294, 2298 , 33 L.Ed.2d 222 (1972)), cert. denied, 496 U.S. 938 , 110 S.Ct. 3218 , 110 L.Ed.2d 665 (1990).

22000–2000
Sapia v. Charter Marketing Co. green
scotus · 1990
2 sentences

2000Additionally, we must find a statute void for vagueness when “it lacks fixed enforcement standards or guidelines and thus ‘impermissibly delegates basic policy matters to policemen, judges and juries for resolution.’ ” Eanes v. State, 318 Md. 436, 459 , 569 A.2d 604 (quoting Grayned v. Rockford, 408 U.S. 104 , 108, 92 S.Ct. 2294, 2298 , 33 L.Ed.2d 222 (1972)), cert. denied, 496 U.S. 938 , 110 S.Ct. 3218 , 110 L.Ed.2d 665 (1990).

2000Additionally, we must find a statute void for vagueness when "it lacks fixed enforcement standards or guidelines and thus `impermissibly delegates basic policy matters to policemen, judges and juries for resolution.'" Eanes v. State, 318 Md. 436, 459 , 569 A.2d 604 (quoting Grayned v. Rockford, 408 U.S. 104 , 108, 92 S.Ct. 2294, 2298 , 33 L.Ed.2d 222 (1972)), cert. denied, 496 U.S. 938 , 110 S.Ct. 3218 , 110 L.Ed.2d 665 (1990).

22000–2000
Tapp v. Frank green
scotus · 1990
2 sentences

2000Additionally, we must find a statute void for vagueness when “it lacks fixed enforcement standards or guidelines and thus ‘impermissibly delegates basic policy matters to policemen, judges and juries for resolution.’ ” Eanes v. State, 318 Md. 436, 459 , 569 A.2d 604 (quoting Grayned v. Rockford, 408 U.S. 104 , 108, 92 S.Ct. 2294, 2298 , 33 L.Ed.2d 222 (1972)), cert. denied, 496 U.S. 938 , 110 S.Ct. 3218 , 110 L.Ed.2d 665 (1990).

2000Additionally, we must find a statute void for vagueness when "it lacks fixed enforcement standards or guidelines and thus `impermissibly delegates basic policy matters to policemen, judges and juries for resolution.'" Eanes v. State, 318 Md. 436, 459 , 569 A.2d 604 (quoting Grayned v. Rockford, 408 U.S. 104 , 108, 92 S.Ct. 2294, 2298 , 33 L.Ed.2d 222 (1972)), cert. denied, 496 U.S. 938 , 110 S.Ct. 3218 , 110 L.Ed.2d 665 (1990).

22000–2000
Johnson v. Mayor & City Council of Baltimore green
md · 2005
2 sentences

2005Johnson v. Mayor and City Council of Baltimore City, 387 Md. 1, 11-12 , 874 A.2d 439 (2005).

2005Johnson v. Mayor and City Council of Baltimore City, 387 Md. 1, 11-12 , 874 A.2d 439 (2005).

12005–2005
Connally v. General Construction Co. green
scotus · 1926
2 sentences

1990In Bowers , we described this “as the fair notice principle [which] is grounded on the assumption that one should be free to choose between lawful and unlawful conduct.” Id. at 121 , 389 A.2d at 345 .

1990In Bowers , we described this "as the fair notice principle [which] is grounded on the assumption that one should be free to choose between lawful and unlawful conduct." Id. at 121 , 389 A.2d at 345 .

11990–1990

Statutes the citing opinions construe

USC § 42u.s.c.1983 (3)

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.

Where else courts name it

TX 182 (1978–2026) MD 16 (1981–2024) CA 10 (1982–2024) IA 8 (1984–2025) MI 7 (1981–2018) NY 5 (1974–2016) WA 5 (1983–2023) LA 4 (1975–2015) NJ 3 (1994–2021) VT 3 (1982–1990) NC 2 (1983–2009) OR 2 (1998–2002) CT 2 (2009–2010) IN 2 (2010–2011) TN 2 (1997–2000) OH 2 (2006–2021)

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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