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16 Maryland opinions name it 2 courts 1987–2025 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.
| Case | Followed | Cited |
|---|---|---|
State v. Browngreen2 sentences2010Thus, when we addressed the merits of the case under review, we made clear that the court's discretion is not without limit, that the court must conduct an inquiry to determine the merits of the defendant's request, id. at 428, 676 A.2d at 525 , and that, "although the trial court need not state all its reasons for denying defendant's request to discharge counsel, the better practice is for the trial court to provide a sufficient rationale for its denial of substitution or pro se defense on the record to facilitate appellate review." Id. at 430 n. 13, 676 A.2d at 526 n. 13. [13] It is clear th 2010Thus, when we addressed the merits of the case under review, we made clear that the court's discretion is not without limit, that the court must conduct an inquiry to determine the merits of the defendant's request, id. at 428, 676 A.2d at 525 , and that, "although the trial court need not state all its reasons for denying defendant's request to discharge counsel, the better practice is for the trial court to provide a sufficient rationale for its denial of substitution or pro se defense on the record to facilitate appellate review." Id. at 430 n. 13, 676 A.2d at 526 n. 13. [13] It is clear th | 2 | 3 |
Johnson v. Zerbstgreen2 sentences2011See [State v. ] Brown, 342 *34 Md. at 414, 676 A.2d at 518 , citing Johnson v. Zerbst, 304 U.S. 458, 464-465 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938). 2011See [State v. ] Brown, 342 *34 Md. at 414, 676 A.2d at 518 , citing Johnson v. Zerbst, 304 U.S. 458, 464-465 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938). | 2 | 2 |
State v. Goldsberrygreen2 sentences2013In Wheat, id. at 164 , 108 S.Ct. 1692 the Court stated that the proper balance is struck when “the [trial c]ourt [] recognize[s] a presumption in favor of [the defendant’s] counsel of choice,” which “may be overcome not only by a demonstration of actual conflict but by a showing of a serious potential for conflict.” In Goldsberry, 419 Md. at 123-24 , 18 A.3d 836 the Court of Appeals discussed the framework to be used by the trial courts in determining whether to disqualify a defendant’s counsel of choice based on a conflict of interest, stating: [B]efore a trial court is permitted to disqualif 2013In Wheat, id. at 164 , 108 S.Ct. 1692 the Court stated that the proper balance is struck when “the [trial c]ourt [] recognize[s] a presumption in favor of [the defendant’s] counsel of choice,” which “may be overcome not only by a demonstration of actual conflict but by a showing of a serious potential for conflict.” In Goldsberry, 419 Md. at 123-24 , 18 A.3d 836 the Court of Appeals discussed the framework to be used by the trial courts in determining whether to disqualify a defendant’s counsel of choice based on a conflict of interest, stating: [B]efore a trial court is permitted to disqualif | 1 | 2 |
Fuller v. Diesslingreen2 sentences2011The record must reflect that the trial court contemplated relevant factors in conducting the test that balances the right to one’s counsel of choice against the necessity to uphold “the ethical standards of the profession” that ensure that “legal proceedings appear fair to all who observe them.” See Wheat, 486 U.S. at 160 , 108 S.Ct. 1692 ; Fuller, 868 F.2d at 608, 611 . 2011The record must reflect that the trial court contemplated relevant factors in conducting the test that balances the right to one's counsel of choice against the necessity to uphold "the ethical standards of the profession" that ensure that "legal proceedings appear fair to all who observe them." See Wheat, 486 U.S. at 160 , 108 S.Ct. 1692 ; Fuller, 868 F.2d at 608, 611 . | 1 | 1 |
Jackson v. Stategreen2 sentences2004See Jackson v. State, 124 Md.App. 59, 64 , 720 A.2d 1210 (1998) (“When interpreting statutory language, we give the words of the statute their ordinary and natural meaning absent some indication to the contrary.”). 2004See Jackson v. State, 124 Md.App. 59, 64 , 720 A.2d 1210 (1998) (“When interpreting statutory language, we give the words of the statute their ordinary and natural meaning absent some indication to the contrary.”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Snead v. State
green
2 sentences2025Under these circumstances, the circuit court’s inquiry was reasonable and complied with our holding in Snead, 286 Md. at 127-28 , 406 A.2d at 101 , that to safeguard a defendant’s Sixth Amendment right to self-representation, a court must conduct an inquiry to determine whether the defendant clearly and unequivocally asserts the right to self-representation. 2025Under these circumstances, the circuit court’s inquiry was reasonable and complied with our holding in Snead, 286 Md. at 127-28 , 406 A.2d at 101 , that to safeguard a defendant’s Sixth Amendment right to self-representation, a court must conduct an inquiry to determine whether the defendant clearly and unequivocally asserts the right to self-representation. | 2 | 2005–2025 |
Thanos v. State
green
2 sentences2019Thanos v. State , 330 Md. 77 , 85, 622 A.2d 727 (1993), speaks to the same effect. 2019Thanos v. State , 330 Md. 77 , 85, 622 A.2d 727 (1993), speaks to the same effect. | 2 | 2019–2019 |
People v. Ortega
green
2 sentences2013In Wheat, id. at 164 , 108 S.Ct. 1692 the Court stated that the proper balance is struck when “the [trial c]ourt [] recognize[s] a presumption in favor of [the defendant’s] counsel of choice,” which “may be overcome not only by a demonstration of actual conflict but by a showing of a serious potential for conflict.” In Goldsberry, 419 Md. at 123-24 , 18 A.3d 836 the Court of Appeals discussed the framework to be used by the trial courts in determining whether to disqualify a defendant’s counsel of choice based on a conflict of interest, stating: [B]efore a trial court is permitted to disqualif 2013In Wheat, id. at 164 , 108 S.Ct. 1692 the Court stated that the proper balance is struck when “the [trial c]ourt [] recognize[s] a presumption in favor of [the defendant’s] counsel of choice,” which “may be overcome not only by a demonstration of actual conflict but by a showing of a serious potential for conflict.” In Goldsberry, 419 Md. at 123-24 , 18 A.3d 836 the Court of Appeals discussed the framework to be used by the trial courts in determining whether to disqualify a defendant’s counsel of choice based on a conflict of interest, stating: [B]efore a trial court is permitted to disqualif | 2 | 2011–2013 |
Wheat v. United States
green
2 sentences2013In Wheat, id. at 164 , 108 S.Ct. 1692 the Court stated that the proper balance is struck when “the [trial c]ourt [] recognize[s] a presumption in favor of [the defendant’s] counsel of choice,” which “may be overcome not only by a demonstration of actual conflict but by a showing of a serious potential for conflict.” In Goldsberry, 419 Md. at 123-24 , 18 A.3d 836 the Court of Appeals discussed the framework to be used by the trial courts in determining whether to disqualify a defendant’s counsel of choice based on a conflict of interest, stating: [B]efore a trial court is permitted to disqualif 2013In Wheat, id. at 164 , 108 S.Ct. 1692 the Court stated that the proper balance is struck when “the [trial c]ourt [] recognize[s] a presumption in favor of [the defendant’s] counsel of choice,” which “may be overcome not only by a demonstration of actual conflict but by a showing of a serious potential for conflict.” In Goldsberry, 419 Md. at 123-24 , 18 A.3d 836 the Court of Appeals discussed the framework to be used by the trial courts in determining whether to disqualify a defendant’s counsel of choice based on a conflict of interest, stating: [B]efore a trial court is permitted to disqualif | 2 | 2011–2013 |
Jackson v. State
green
2 sentences2010Jackson, 358 Md. at 624 , 751 A.2d at 479 . 2010Jackson, 358 Md. at 624 , 751 A.2d at 479 . | 2 | 2005–2010 |
Dusky v. United States
green
2 sentences2016If the defendant’s competency is in doubt, whether the question is raised by counsel or the court decides to pursue the matter sua sponte, the court must conduct a hearing to determine “whether [the accused] has sufficient present ability to consult *683 with his lawyer with a reasonable degree of rational understanding, and whether he has a rational as well as factual understanding of the proceedings against him.” Sibug, 445 Md. at 300-01 , 126 A.3d 86 (quoting Dusky v. United States, 362 U.S. 402, 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960)). 2016If the defendant’s competency is in doubt, whether the question is raised by counsel or the court decides to pursue the matter sua sponte, the court must conduct a hearing to determine “whether [the accused] has sufficient present ability to consult *683 with his lawyer with a reasonable degree of rational understanding, and whether he has a rational as well as factual understanding of the proceedings against him.” Sibug, 445 Md. at 300-01 , 126 A.3d 86 (quoting Dusky v. United States, 362 U.S. 402, 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960)). | 1 | 2016–2016 |
Sibug v. State
green
2 sentences2016If the defendant’s competency is in doubt, whether the question is raised by counsel or the court decides to pursue the matter sua sponte, the court must conduct a hearing to determine “whether [the accused] has sufficient present ability to consult *683 with his lawyer with a reasonable degree of rational understanding, and whether he has a rational as well as factual understanding of the proceedings against him.” Sibug, 445 Md. at 300-01 , 126 A.3d 86 (quoting Dusky v. United States, 362 U.S. 402, 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960)). 2016If the defendant’s competency is in doubt, whether the question is raised by counsel or the court decides to pursue the matter sua sponte, the court must conduct a hearing to determine “whether [the accused] has sufficient present ability to consult *683 with his lawyer with a reasonable degree of rational understanding, and whether he has a rational as well as factual understanding of the proceedings against him.” Sibug, 445 Md. at 300-01 , 126 A.3d 86 (quoting Dusky v. United States, 362 U.S. 402, 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960)). | 1 | 2016–2016 |
State v. Peeler
green
2 sentences2011We hold that, before a trial court is permitted to disqualify a criminal defendant’s privately obtained counsel (regardless of whether counsel is the defendant’s only attorney or one of several on the defense team), the court must conduct a hearing on the matter, “scrutinize closely the basis for the claim,” Peeler, 828 A.2d at 1225 , and make evidence-based findings to determine, based on factors such as those outlined in Ortega, 283 Ill.Dec. 530 , 808 N.E.2d at 502 , whether there is “actual or serious potential for conflict” that overcomes the presumption the defendant has to his or her cou 2011We hold that, before a trial court is permitted to disqualify a criminal defendant's privately obtained counsel (regardless of whether counsel is the defendant's only attorney or one of several on the defense team), the court must conduct a hearing on the matter, "scrutinize closely the basis for the claim," Peeler, 828 A.2d at 1225 , and make evidence-based findings to determine, based on factors such as those outlined in Ortega, 283 Ill.Dec. 530 , 808 N.E.2d at 502 , whether there is "actual or serious potential for conflict" that overcomes the presumption the defendant has to his or her cou | 1 | 2011–2011 |
State v. Campbell
green
2 sentences2011As Judge Battaglia pointed out for the Court in State v. Campbell, supra, 385 Md. at 627 , 870 A.2d at 223 , because a defendant choosing self-representation “is waiving the right to counsel, the court must conduct an inquiry to ensure that the defendant’s waiver of counsel is knowing and intelligent. 2011As Judge Battaglia pointed out for the Court in State v. Campbell, supra, 385 Md. at 627 , 870 A.2d at 223 , because a defendant choosing self-representation “is waiving the right to counsel, the court must conduct an inquiry to ensure that the defendant’s waiver of counsel is knowing and intelligent. | 1 | 2011–2011 |
Fowlkes v. State
green
2 sentences2005See Brown, 342 Md. at 414 , 676 A.2d at 518 , citing Johnson v. Zerbst, 304 U.S. 458, 464-65 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938); Fowlkes, 311 Md. at 589 , 536 A.2d at 1151 ; Snead, 286 Md. at 130 , 406 A.2d at 102 . 2005See Brown, 342 Md. at 414 , 676 A.2d at 518 , citing Johnson v. Zerbst, 304 U.S. 458, 464-65 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938); Fowlkes, 311 Md. at 589 , 536 A.2d at 1151 ; Snead, 286 Md. at 130 , 406 A.2d at 102 . | 1 | 2005–2005 |
In Re Adoption/Guardianship No. 93321055/CAD
green
2 sentences2002We call attention also to the caveat noted in In re Adoption No. 93321055, supra, 344 Md. at 487-88 , 687 A.2d at 695 , that, by virtue of FL § 5-319, if an adoption placement is not made within nine months after entry of a guardianship judgment, the court must conduct a hearing to review the progress made toward adoption and "take whatever action the court considers appropriate in the child’s best interest.” 2002We call attention also to the caveat noted in In re Adoption No. 93321055, supra, 344 Md. at 487-88 , 687 A.2d at 695 , that, by virtue of FL § 5-319, if an adoption placement is not made within nine months after entry of a guardianship judgment, the court must conduct a hearing to review the progress made toward adoption and "take whatever action the court considers appropriate in the child’s best interest.” | 1 | 2002–2002 |
Adams v. United States Ex Rel. McCann
green
2 sentences1996McCann, 317 U.S. 269, 279 , 63 S.Ct. 236, 242 , 87 L.Ed. 268 (1943)). 1996McCann, 317 U.S. 269, 279 , 63 S.Ct. 236, 242 , 87 L.Ed. 268 (1943)). | 1 | 1996–1996 |
Faretta v. California
green
2 sentences1996Therefore, the court must conduct a waiver inquiry to ensure that any decision to waive the right to counsel is “made with eyes open.” Id. at 835 , 95 S.Ct. at 2541 (quoting Adams v. United States ex rel. 1996Therefore, the court must conduct a waiver inquiry to ensure that any decision to waive the right to counsel is “made with eyes open.” Id. at 835 , 95 S.Ct. at 2541 (quoting Adams v. United States ex rel. | 1 | 1996–1996 |
Ashe v. Swenson
green
1 sentence1987The court must conduct an inquiry as to the application of the doctrine, and the inquiry “must be set in a practical frame and viewed with an eye to all the circumstances of the proceedings.” Id. | 1 | 1987–1987 |
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.