absence of an express clause in Maryland

15 Maryland opinions name it 2 courts 1968–2025 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.

Followed or applied (5)

Case	Followed	Cited
Board of Supervisors of Elections v. Smallwoodgreen md · 1992 · cited in 2 Maryland opinions naming this issue, 2013–2025 2 sentences 2025See id. at 245-46 , 608 A.2d at 1234 . 2025See id. at 245-46 , 608 A.2d at 1234 .	1	2
Cities Service Co. v. Governorgreen md · 1981 · cited in 2 Maryland opinions naming this issue, 1992–2013 2 sentences 2013Davidson v. Miller, 276 Md. 54, 83 , 344 A.2d 422 (1975), and it “applies even in the absence of an express clause declaring the drafters’ intent that the enactment be severed if a portion is found to be invalid.” Cities Service Co. v. Governor, 290 Md. 553, 575 , 431 A.2d 663 (1981). 2013Davidson v. Miller, 276 Md. 54, 83 , 344 A.2d 422 (1975), and it “applies even in the absence of an express clause declaring the drafters’ intent that the enactment be severed if a portion is found to be invalid.” Cities Service Co. v. Governor, 290 Md. 553, 575 , 431 A.2d 663 (1981).	1	2
O. C. Taxpayers for Equal Rights, Inc. v. Mayor of Ocean Citygreen md · 1977 · cited in 2 Maryland opinions naming this issue, 1982–1985 2 sentences 1985Taxpayers v. Ocean City, supra, 280 Md. at 600 [ 375 A.2d 541 ]. ‘It ... becomes the duty of the court whenever possible to separate the valid from the invalid provisions.’ Davidson v. Miller, 276 Md. 54, 83 , 344 A.2d 422 (1975). 1985Taxpayers v. Ocean City, supra, 280 Md. at 600 [ 375 A.2d 541 ]. ‘It ... becomes the duty of the court whenever possible to separate the valid from the invalid provisions.’ Davidson v. Miller, 276 Md. 54, 83 , 344 A.2d 422 (1975).	1	2
Baker v. Board of Trustees of the Employees' Retirement Systemgreen md · 1973 · cited in 1 Maryland opinions naming this issue, 2002–2002 2 sentences 2002See also Baker v. Bd. of Trustees, 269 Md. 740, 747 , 309 A.2d 768, 772 (1973) (stating in dictum that “even in the absence of a statutory provision,” the right of a party to be apprised of the facts relied upon by an agency in making its decision “is frequently required by a court as an aid to judicial review”) (citing 2 Davis, Administrative Law Treatise, § 16.05 444-49 (1958)). 2002See also Baker v. Bd. of Trustees, 269 Md. 740, 747 , 309 A.2d 768, 772 (1973) (stating in dictum that “even in the absence of a statutory provision,” the right of a party to be apprised of the facts relied upon by an agency in making its decision “is frequently required by a court as an aid to judicial review”) (citing 2 Davis, Administrative Law Treatise, § 16.05 444-49 (1958)).	1	1
Blackburn v. Board of Liquor License Commissionersgreen mdctspecapp · 2000 · cited in 1 Maryland opinions naming this issue, 2002–2002 2 sentences 2002See Blackburn v. Bd. of Liquor License Comm’rs, 130 Md.App. 614, 624 , 747 A.2d 725, 730 (2000) (requiring the Board of Liquor License Commissioners to set forth specific findings of fact and conclusions of law, even in the absence of an express requirement to do so). 2002See Blackburn v. Bd. of Liquor License Comm’rs, 130 Md.App. 614, 624 , 747 A.2d 725, 730 (2000) (requiring the Board of Liquor License Commissioners to set forth specific findings of fact and conclusions of law, even in the absence of an express requirement to do so).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (7)

Case	Cited	Years
Davidson v. Miller green md · 1975 2 sentences 2013Davidson v. Miller, 276 Md. 54, 83 , 344 A.2d 422 (1975), and it “applies even in the absence of an express clause declaring the drafters’ intent that the enactment be severed if a portion is found to be invalid.” Cities Service Co. v. Governor, 290 Md. 553, 575 , 431 A.2d 663 (1981). 2013Davidson v. Miller, 276 Md. 54, 83 , 344 A.2d 422 (1975), and it “applies even in the absence of an express clause declaring the drafters’ intent that the enactment be severed if a portion is found to be invalid.” Cities Service Co. v. Governor, 290 Md. 553, 575 , 431 A.2d 663 (1981).	4	1977–2013
Douglas v. State green md · 2011 2 sentences 2016Even though Rule 4-332 was not formally adopted by the Court of Appeals until September 8, 2011, with an effective date of October 1, 2011 — i.e., a few days after Smallwood filed his petition on August 29, 2011 — the Court of Appeals recognized in Douglas v. State, 423 Md. 156 , 31 A.3d 250 (2011), that new Maryland Rule 4-332 “applies to actions commenced on or after [the effective] date, ‘and, insofar as practicable, to all actions then pending[.]’ ” 423 Md. at 182 n. 14, 31 A.3d 250 (quoting 38 Md. 2016Even though Rule 4-332 was not formally adopted by the Court of Appeals until September 8, 2011, with an effective date of October 1, 2011 — i.e., a few days after Smallwood filed his petition on August 29, 2011 — the Court of Appeals recognized in Douglas v. State, 423 Md. 156 , 31 A.3d 250 (2011), that new Maryland Rule 4-332 “applies to actions commenced on or after [the effective] date, ‘and, insofar as practicable, to all actions then pending[.]’ ” 423 Md. at 182 n. 14, 31 A.3d 250 (quoting 38 Md.	2	2016–2016
Reuter v. Reuter green mdctspecapp · 1994 2 sentences 1994The problem is illustrated by our recent decision in Reuter v. Reuter, 102 Md.App. 212 , 649 A.2d 24 (1994). 1994The problem is illustrated by our recent decision in Reuter v. Reuter, 102 Md.App. 212 , 649 A.2d 24 (1994).	1	1994–1994
Turner v. State green md · 1984 2 sentences 1985There is a presumption that, “even in the absence of an express clause or declaration, that a legislative body generally intends its enactments to be severed if possible.” Turner, 230 299 Md. at 576 , 474 A.2d 1297 . 1985There is a presumption that, “even in the absence of an express clause or declaration, that a legislative body generally intends its enactments to be severed if possible.” Turner, 230 299 Md. at 576 , 474 A.2d 1297 .	1	1985–1985
United States v. Omer Thomas Caron green ca5 · 1973 1 sentence 1981In support of his argument, Wood points to the virtually identical federal counterpart of § 10-405, i.e., 18 U.S.C. § 2515 , and to United States v. Caron, 474 F.2d 506 (5th Cir. 1973), and other *582 cases, 2 holding that a communication illegally intercepted under § 2515 may nevertheless be admitted in evidence for impeachment purposes.	1	1981–1981
West v. State green mdctspecapp · 1968 1 sentence 1969There was adequate reason for the delay in trying Cook, therefore West was not denied a speedy trial.” 3 Md.	1	1969–1969
Randall v. Warden of Maryland Penitentiary green md · 2001 2 sentences 1968Randall v. Warden, 208 Md. 667 , 119 A. 2d 712 . 1968Randall v. Warden, 208 Md. 667 , 119 A. 2d 712 .	1	1968–1968

Where else courts name it

CA 35 (1888–2024) NY 29 (1894–2014) TX 19 (1974–2024) LA 15 (1940–2025) MD 15 (1968–2025) IL 14 (1911–2026) PA 11 (1912–2026) GA 10 (1932–2026) NE 8 (1978–2021) FL 7 (1930–2016) CT 7 (1974–2022) MA 6 (1957–2020) AZ 6 (2004–2022) IA 5 (1971–2021) MO 4 (2012–2016) NH 4 (1988–2002) DE 4 (1980–2022) HI 4 (2001–2009) CO 3 (1995–2025) NJ 3 (1988–1997) WA 3 (1998–2000) OK 3 (1966–2011) VT 3 (1998–2024) OH 3 (1901–2020) MT 3 (1995–2003) VA 3 (2003–2024) AK 3 (1978–2003) MN 2 (1906–2014) WY 2 (2002–2020) AR 2 (1994–2005) AL 2 (2002–2002) NM 2 (1992–2002) OR 2 (1959–1996) IN 2 (1993–2016)

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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