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15 Maryland opinions name it 2 courts 1970–2025 3 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 |
|---|---|---|
Gisriel v. Ocean City Board of Supervisors of Electionsgreen2 sentences2025A. “It is an often stated principle of Maryland law that appellate jurisdiction, except as constitutionally authorized, is determined entirely by statute, and that, therefore, a right of appeal must be legislatively granted.” Gisriel v. Ocean City Bd. of Supervisors of Elections, 345 Md. 477, 485 (1997). 2023Pabst Brewing Co. v. Frederick P. Winner, Ltd., 478 Md. 61, 75-76 (2022). 10 A. The Statutes Governing Appellate Review From Judgments of the Circuit Court Generally “It is an often stated principle of Maryland law that appellate jurisdiction, except as constitutionally authorized, is determined entirely by statute, and that, therefore, a right of appeal must be legislatively granted.” Gisriel v. Ocean City Bd. of Supervisors of Elections, 345 Md. 477, 485 (1997) (citing Maryland-Nat’l Cap. | 5 | 10 |
Maryland-National Capital Park & Planning Commission v. Smithgreen2 sentences2017“It is an often stated principle of Maryland law that appellate jurisdiction, except as constitutionally authorized, is *649 determined entirely by statute, and that, therefore, a right of appeal must be legislatively granted.” Gisriel v. Ocean City Bd. of Supervisors of Elections, 345 Md. 477, 485 , 693 A.2d 757 (1997), cert. denied, 522 U.S. 1053 , 118 S.Ct. 702 , 139 L.Ed.2d 645 (1998); see also Maryland-Nat’l Capital Park & Planning Comm’n v. Smith, 333 Md. 3, 7 , 633 A.2d 855 (1993). 2017“It is an often stated principle of Maryland law that appellate jurisdiction, except as constitutionally authorized, is *649 determined entirely by statute, and that, therefore, a right of appeal must be legislatively granted.” Gisriel v. Ocean City Bd. of Supervisors of Elections, 345 Md. 477, 485 , 693 A.2d 757 (1997), cert. denied, 522 U.S. 1053 , 118 S.Ct. 702 , 139 L.Ed.2d 645 (1998); see also Maryland-Nat’l Capital Park & Planning Comm’n v. Smith, 333 Md. 3, 7 , 633 A.2d 855 (1993). | 3 | 3 |
Subsequent Injury Fund v. Packgreen2 sentences2000See, e.g., Maryland-Nat’l v. Smith, 333 Md. 3, 7 , 633 A.2d 855, 857 (1993) (‘ “The right to take an appeal is entirely statutory, and no person or agency may prosecute an appeal unless the right is given by statute,” ’ quoting Subsequent Injury Fund v. Pack, 250 Md. 306, 309 , 242 A.2d 506 (1968)); Howard County v. JJM, Inc., 301 Md. 256, 261 , 482 A.2d *174 908, 910 (1984); State v. Bailey, 289 Md. 143, 147 , 422 A.2d 1021, 1024 (1980); Estep v. Estep, 285 Md. 416, 422 , 404 A.2d 1040, 1043 (1979); Smith v. Taylor, 285 Md. 143, 146 , 400 A.2d 1130, 1132 (1979); Criminal Inj. 2000See, e.g., Maryland-Nat’l v. Smith, 333 Md. 3, 7 , 633 A.2d 855, 857 (1993) (‘ “The right to take an appeal is entirely statutory, and no person or agency may prosecute an appeal unless the right is given by statute,” ’ quoting Subsequent Injury Fund v. Pack, 250 Md. 306, 309 , 242 A.2d 506 (1968)); Howard County v. JJM, Inc., 301 Md. 256, 261 , 482 A.2d *174 908, 910 (1984); State v. Bailey, 289 Md. 143, 147 , 422 A.2d 1021, 1024 (1980); Estep v. Estep, 285 Md. 416, 422 , 404 A.2d 1040, 1043 (1979); Smith v. Taylor, 285 Md. 143, 146 , 400 A.2d 1130, 1132 (1979); Criminal Inj. | 2 | 2 |
Estep v. Estepgreen2 sentences2000See, e.g., Maryland-Nat’l v. Smith, 333 Md. 3, 7 , 633 A.2d 855, 857 (1993) (‘ “The right to take an appeal is entirely statutory, and no person or agency may prosecute an appeal unless the right is given by statute,” ’ quoting Subsequent Injury Fund v. Pack, 250 Md. 306, 309 , 242 A.2d 506 (1968)); Howard County v. JJM, Inc., 301 Md. 256, 261 , 482 A.2d *174 908, 910 (1984); State v. Bailey, 289 Md. 143, 147 , 422 A.2d 1021, 1024 (1980); Estep v. Estep, 285 Md. 416, 422 , 404 A.2d 1040, 1043 (1979); Smith v. Taylor, 285 Md. 143, 146 , 400 A.2d 1130, 1132 (1979); Criminal Inj. 2000See, e.g., Maryland-Nat’l v. Smith, 333 Md. 3, 7 , 633 A.2d 855, 857 (1993) (‘ “The right to take an appeal is entirely statutory, and no person or agency may prosecute an appeal unless the right is given by statute,” ’ quoting Subsequent Injury Fund v. Pack, 250 Md. 306, 309 , 242 A.2d 506 (1968)); Howard County v. JJM, Inc., 301 Md. 256, 261 , 482 A.2d *174 908, 910 (1984); State v. Bailey, 289 Md. 143, 147 , 422 A.2d 1021, 1024 (1980); Estep v. Estep, 285 Md. 416, 422 , 404 A.2d 1040, 1043 (1979); Smith v. Taylor, 285 Md. 143, 146 , 400 A.2d 1130, 1132 (1979); Criminal Inj. | 2 | 2 |
State v. Baileygreen2 sentences2000See, e.g., Maryland-Nat’l v. Smith, 333 Md. 3, 7 , 633 A.2d 855, 857 (1993) (‘ “The right to take an appeal is entirely statutory, and no person or agency may prosecute an appeal unless the right is given by statute,” ’ quoting Subsequent Injury Fund v. Pack, 250 Md. 306, 309 , 242 A.2d 506 (1968)); Howard County v. JJM, Inc., 301 Md. 256, 261 , 482 A.2d *174 908, 910 (1984); State v. Bailey, 289 Md. 143, 147 , 422 A.2d 1021, 1024 (1980); Estep v. Estep, 285 Md. 416, 422 , 404 A.2d 1040, 1043 (1979); Smith v. Taylor, 285 Md. 143, 146 , 400 A.2d 1130, 1132 (1979); Criminal Inj. 2000See, e.g., Maryland-Nat’l v. Smith, 333 Md. 3, 7 , 633 A.2d 855, 857 (1993) (‘ “The right to take an appeal is entirely statutory, and no person or agency may prosecute an appeal unless the right is given by statute,” ’ quoting Subsequent Injury Fund v. Pack, 250 Md. 306, 309 , 242 A.2d 506 (1968)); Howard County v. JJM, Inc., 301 Md. 256, 261 , 482 A.2d *174 908, 910 (1984); State v. Bailey, 289 Md. 143, 147 , 422 A.2d 1021, 1024 (1980); Estep v. Estep, 285 Md. 416, 422 , 404 A.2d 1040, 1043 (1979); Smith v. Taylor, 285 Md. 143, 146 , 400 A.2d 1130, 1132 (1979); Criminal Inj. | 2 | 2 |
Howard County v. jjM, Inc.green2 sentences2000See, e.g., Maryland-Nat’l v. Smith, 333 Md. 3, 7 , 633 A.2d 855, 857 (1993) (‘ “The right to take an appeal is entirely statutory, and no person or agency may prosecute an appeal unless the right is given by statute,” ’ quoting Subsequent Injury Fund v. Pack, 250 Md. 306, 309 , 242 A.2d 506 (1968)); Howard County v. JJM, Inc., 301 Md. 256, 261 , 482 A.2d *174 908, 910 (1984); State v. Bailey, 289 Md. 143, 147 , 422 A.2d 1021, 1024 (1980); Estep v. Estep, 285 Md. 416, 422 , 404 A.2d 1040, 1043 (1979); Smith v. Taylor, 285 Md. 143, 146 , 400 A.2d 1130, 1132 (1979); Criminal Inj. 1997See, e.g., Maryland-Nat’l v. Smith, 333 Md. 3, 7 , 633 A.2d 855, 857 (1993) (“ ‘The right to take an appeal is entirely statutory, and no person or agency may prosecute an appeal unless the right is given by statute,’ ” quoting Subsequent Injury Fund v. Pack, 250 Md. 306, 309 , 242 A.2d 506 (1968)); Howard County v. JJM, Inc., 301 Md. 256, 261 , 482 A.2d 908, 910 (1984); State v. Bailey, 289 Md. 143, 147 , 422 A.2d 1021, 1024 (1980); Estep v. Estep, 285 Md. 416, 422 , 404 A.2d 1040, 1043 (1979); Smith v. Taylor, 285 Md. 143, 146 , 400 A.2d 1130, 1132 , (1979); Criminal Inj. | 1 | 2 |
Smith v. Taylorgreen2 sentences2000See, e.g., Maryland-Nat’l v. Smith, 333 Md. 3, 7 , 633 A.2d 855, 857 (1993) (‘ “The right to take an appeal is entirely statutory, and no person or agency may prosecute an appeal unless the right is given by statute,” ’ quoting Subsequent Injury Fund v. Pack, 250 Md. 306, 309 , 242 A.2d 506 (1968)); Howard County v. JJM, Inc., 301 Md. 256, 261 , 482 A.2d *174 908, 910 (1984); State v. Bailey, 289 Md. 143, 147 , 422 A.2d 1021, 1024 (1980); Estep v. Estep, 285 Md. 416, 422 , 404 A.2d 1040, 1043 (1979); Smith v. Taylor, 285 Md. 143, 146 , 400 A.2d 1130, 1132 (1979); Criminal Inj. 2000See, e.g., Maryland-Nat’l v. Smith, 333 Md. 3, 7 , 633 A.2d 855, 857 (1993) (‘ “The right to take an appeal is entirely statutory, and no person or agency may prosecute an appeal unless the right is given by statute,” ’ quoting Subsequent Injury Fund v. Pack, 250 Md. 306, 309 , 242 A.2d 506 (1968)); Howard County v. JJM, Inc., 301 Md. 256, 261 , 482 A.2d *174 908, 910 (1984); State v. Bailey, 289 Md. 143, 147 , 422 A.2d 1021, 1024 (1980); Estep v. Estep, 285 Md. 416, 422 , 404 A.2d 1040, 1043 (1979); Smith v. Taylor, 285 Md. 143, 146 , 400 A.2d 1130, 1132 (1979); Criminal Inj. | 1 | 2 |
Pabst Brewing v. Frederick P. Winner, LTDgreen1 sentence2023Pabst Brewing Co. v. Frederick P. Winner, Ltd., 478 Md. 61, 75-76 (2022). 10 A. The Statutes Governing Appellate Review From Judgments of the Circuit Court Generally “It is an often stated principle of Maryland law that appellate jurisdiction, except as constitutionally authorized, is determined entirely by statute, and that, therefore, a right of appeal must be legislatively granted.” Gisriel v. Ocean City Bd. of Supervisors of Elections, 345 Md. 477, 485 (1997) (citing Maryland-Nat’l Cap. | 1 | 1 |
Rogers v. Eastport Yachting Center, LLCgreen1 sentence2022“It is an often stated principle of Maryland Law that appellate jurisdiction, except as constitutionally authorized, is determined entirely by statute, and that, therefore, a right of appeal must be legislatively granted.” Rogers v. Eastport Yachting Ctr., LLC, 408 Md. 722, 732 (2009) (quoting Gisriel v. Ocean City Bd. of Supervisors of Elections, 345 Md. 477, 485 (1997)). | 1 | 1 |
Oltman v. Maryland State Board of Physiciansgreen2 sentences2013State Bd. of Physicians, 182 Md.App. 65, 73 , 957 A.2d 611 (2008) (“Md. 2013State Bd. of Physicians, 182 Md.App. 65, 73 , 957 A.2d 611 (2008) (“Md. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McDuff v. Texas
green
2 sentences2017“It is an often stated principle of Maryland law that appellate jurisdiction, except as constitutionally authorized, is *649 determined entirely by statute, and that, therefore, a right of appeal must be legislatively granted.” Gisriel v. Ocean City Bd. of Supervisors of Elections, 345 Md. 477, 485 , 693 A.2d 757 (1997), cert. denied, 522 U.S. 1053 , 118 S.Ct. 702 , 139 L.Ed.2d 645 (1998); see also Maryland-Nat’l Capital Park & Planning Comm’n v. Smith, 333 Md. 3, 7 , 633 A.2d 855 (1993). 2009Discussion Jurisdiction of the Court of Special Appeals “It is an often stated principle of Maryland law that appellate jurisdiction, except as constitutionally authorized, is determined entirely by statute, and that, therefore, a right of appeal must be legislatively granted.” Gisriel v. Ocean City Bd. of Supervisors of Elections, 345 Md. 477, 485 , 693 A.2d 757, 761 (1997), cert. denied, 522 U.S. 1053 , 118 S.Ct. 702 , 139 L.Ed.2d 645 (1998). | 2 | 2009–2017 |
Williams v. United States
green
2 sentences2017“It is an often stated principle of Maryland law that appellate jurisdiction, except as constitutionally authorized, is *649 determined entirely by statute, and that, therefore, a right of appeal must be legislatively granted.” Gisriel v. Ocean City Bd. of Supervisors of Elections, 345 Md. 477, 485 , 693 A.2d 757 (1997), cert. denied, 522 U.S. 1053 , 118 S.Ct. 702 , 139 L.Ed.2d 645 (1998); see also Maryland-Nat’l Capital Park & Planning Comm’n v. Smith, 333 Md. 3, 7 , 633 A.2d 855 (1993). 2009Discussion Jurisdiction of the Court of Special Appeals “It is an often stated principle of Maryland law that appellate jurisdiction, except as constitutionally authorized, is determined entirely by statute, and that, therefore, a right of appeal must be legislatively granted.” Gisriel v. Ocean City Bd. of Supervisors of Elections, 345 Md. 477, 485 , 693 A.2d 757, 761 (1997), cert. denied, 522 U.S. 1053 , 118 S.Ct. 702 , 139 L.Ed.2d 645 (1998). | 2 | 2009–2017 |
Gisriel v. Ocean City Board of Supervisors of Election
green
2 sentences2017“It is an often stated principle of Maryland law that appellate jurisdiction, except as constitutionally authorized, is *649 determined entirely by statute, and that, therefore, a right of appeal must be legislatively granted.” Gisriel v. Ocean City Bd. of Supervisors of Elections, 345 Md. 477, 485 , 693 A.2d 757 (1997), cert. denied, 522 U.S. 1053 , 118 S.Ct. 702 , 139 L.Ed.2d 645 (1998); see also Maryland-Nat’l Capital Park & Planning Comm’n v. Smith, 333 Md. 3, 7 , 633 A.2d 855 (1993). 2009Discussion Jurisdiction of the Court of Special Appeals “It is an often stated principle of Maryland law that appellate jurisdiction, except as constitutionally authorized, is determined entirely by statute, and that, therefore, a right of appeal must be legislatively granted.” Gisriel v. Ocean City Bd. of Supervisors of Elections, 345 Md. 477, 485 , 693 A.2d 757, 761 (1997), cert. denied, 522 U.S. 1053 , 118 S.Ct. 702 , 139 L.Ed.2d 645 (1998). | 2 | 2009–2017 |
Prince George's County v. Beretta U.S.A. Corp.
green
2 sentences2001DISCUSSION “ ‘It is an often stated principle of Maryland law that appellate jurisdiction, except as constitutionally authorized, is determined entirely by statute, and that, therefore, a right of appeal must be legislatively granted.’ ” Id. at 173 , 747 A.2d 647 (quoting Gisriel v. Ocean City Board of Supervisors of Elections, 345 Md. 477, 485 , 693 A.2d 757 (1997)). 2001DISCUSSION “ ‘It is an often stated principle of Maryland law that appellate jurisdiction, except as constitutionally authorized, is determined entirely by statute, and that, therefore, a right of appeal must be legislatively granted.’ ” Id. at 173 , 747 A.2d 647 (quoting Gisriel v. Ocean City Board of Supervisors of Elections, 345 Md. 477, 485 , 693 A.2d 757 (1997)). | 2 | 2001–2015 |
Sibley v. Sibley
green
2 sentences1971Holcomb v. Holcomb, 255 Md. 86 , 256 A. 2d 886 (1969), Daubert v. Daubert, 239 Md. 303 , 211 A. 2d 323 (1965), and Sibley v. Sibley, 187 Md. 358 , 50 A. 2d 128 (1946).” Appellant cites to us Pontorno v. Pontorno, 257 Md. 576 , 263 A. 2d 820 (1970), wherein custody was denied to an adulterous mother and there was no clear showing otherwise that she was a fit and proper person. 1971Holcomb v. Holcomb, 255 Md. 86 , 256 A. 2d 886 (1969), Daubert v. Daubert, 239 Md. 303 , 211 A. 2d 323 (1965), and Sibley v. Sibley, 187 Md. 358 , 50 A. 2d 128 (1946).” Appellant cites to us Pontorno v. Pontorno, 257 Md. 576 , 263 A. 2d 820 (1970), wherein custody was denied to an adulterous mother and there was no clear showing otherwise that she was a fit and proper person. | 2 | 1970–1971 |
Daubert v. Daubert
green
2 sentences1971Holcomb v. Holcomb, 255 Md. 86 , 256 A. 2d 886 (1969), Daubert v. Daubert, 239 Md. 303 , 211 A. 2d 323 (1965), and Sibley v. Sibley, 187 Md. 358 , 50 A. 2d 128 (1946).” Appellant cites to us Pontorno v. Pontorno, 257 Md. 576 , 263 A. 2d 820 (1970), wherein custody was denied to an adulterous mother and there was no clear showing otherwise that she was a fit and proper person. 1971Holcomb v. Holcomb, 255 Md. 86 , 256 A. 2d 886 (1969), Daubert v. Daubert, 239 Md. 303 , 211 A. 2d 323 (1965), and Sibley v. Sibley, 187 Md. 358 , 50 A. 2d 128 (1946).” Appellant cites to us Pontorno v. Pontorno, 257 Md. 576 , 263 A. 2d 820 (1970), wherein custody was denied to an adulterous mother and there was no clear showing otherwise that she was a fit and proper person. | 2 | 1970–1971 |
Holcomb v. Holcomb
green
2 sentences1971Holcomb v. Holcomb, 255 Md. 86 , 256 A. 2d 886 (1969), Daubert v. Daubert, 239 Md. 303 , 211 A. 2d 323 (1965), and Sibley v. Sibley, 187 Md. 358 , 50 A. 2d 128 (1946).” Appellant cites to us Pontorno v. Pontorno, 257 Md. 576 , 263 A. 2d 820 (1970), wherein custody was denied to an adulterous mother and there was no clear showing otherwise that she was a fit and proper person. 1971Holcomb v. Holcomb, 255 Md. 86 , 256 A. 2d 886 (1969), Daubert v. Daubert, 239 Md. 303 , 211 A. 2d 323 (1965), and Sibley v. Sibley, 187 Md. 358 , 50 A. 2d 128 (1946).” Appellant cites to us Pontorno v. Pontorno, 257 Md. 576 , 263 A. 2d 820 (1970), wherein custody was denied to an adulterous mother and there was no clear showing otherwise that she was a fit and proper person. | 2 | 1970–1971 |
Urbana Civic Ass'n v. Urbana Mobile Village, Inc.
green
2 sentences2013A. Statutory Judicial Review “It is an often stated principle of Maryland law that appellate jurisdiction, except as constitutionally authorized, is determined entirely by statute, and that, therefore, a right of appeal must be legislatively granted.” Gisriel v. Ocean City Bd. of Elections, 345 Md. 477, 485 , 693 A.2d 757 (1997). “[I]t should not be thought that the Maryland Rules regulating appeals from administrative agencies ... can grant a right of appeal.” Urbana Civic Ass’n v. Urbana Mobile Village, Inc., 260 Md. 458, 462 , 272 A.2d 628 (1971); see also Oltman v. Md. 2013A. Statutory Judicial Review “It is an often stated principle of Maryland law that appellate jurisdiction, except as constitutionally authorized, is determined entirely by statute, and that, therefore, a right of appeal must be legislatively granted.” Gisriel v. Ocean City Bd. of Elections, 345 Md. 477, 485 , 693 A.2d 757 (1997). “[I]t should not be thought that the Maryland Rules regulating appeals from administrative agencies ... can grant a right of appeal.” Urbana Civic Ass’n v. Urbana Mobile Village, Inc., 260 Md. 458, 462 , 272 A.2d 628 (1971); see also Oltman v. Md. | 1 | 2013–2013 |
Phillip Wagner, Inc. v. Leser
green
2 sentences2001Wagner v. Baltimore, 239 U.S. 207 ; and Welch v. Henry, 305 U.S. 134 . 2001Wagner v. Baltimore, 239 U. S. 207 ; and Welch v. Henry, 305 U. S. 134 . | 1 | 2001–2001 |
Diamond Match Co. v. State Tax Commission
green
2 sentences2001That case, however, recognized the often stated rule that a tax is not necessarily invalid because it is retroactive, citing Diamond Match Co. v. State Tax Comm., 175 Md. 234 , 200 A. 365 ; Leser v. Wagner, 120 Md. 671 , 87 A. 1040 , affd. sub nom. 2001That case, however, recognized the often stated rule that a tax is not necessarily invalid because it is retroactive, citing Diamond Match Co. v. State Tax Comm., 175 Md. 234 , 200 A. 365 ; Leser v. Wagner, 120 Md. 671 , 87 A. 1040 , affd. sub nom. | 1 | 2001–2001 |
Leser v. Wagner
green
2 sentences2001That case, however, recognized the often stated rule that a tax is not necessarily invalid because it is retroactive, citing Diamond Match Co. v. State Tax Comm., 175 Md. 234 , 200 A. 365 ; Leser v. Wagner, 120 Md. 671 , 87 A. 1040 , affd. sub nom. 2001That case, however, recognized the often stated rule that a tax is not necessarily invalid because it is retroactive, citing Diamond Match Co. v. State Tax Comm., 175 Md. 234 , 200 A. 365 ; Leser v. Wagner, 120 Md. 671 , 87 A. 1040 , affd. sub nom. | 1 | 2001–2001 |
Welch v. Henry
green
2 sentences2001Wagner v. Baltimore, 239 U.S. 207 ; and Welch v. Henry, 305 U.S. 134 . 2001Wagner v. Baltimore, 239 U. S. 207 ; and Welch v. Henry, 305 U. S. 134 . | 1 | 2001–2001 |
Mutual Benefit Society of Baltimore, Inc. v. Haywood
green
2 sentences1989GEICO v. Ropka, supra, quoting Mutual Benefit Society of Baltimore, Inc., v. Haywood, 257 Md. 538 , 263 A.2d 868 (1970). 1989GEICO v. Ropka, supra, quoting Mutual Benefit Society of Baltimore, Inc., v. Haywood, 257 Md. 538 , 263 A.2d 868 (1970). | 1 | 1989–1989 |
Pontorno v. Pontorno
green
2 sentences1971Holcomb v. Holcomb, 255 Md. 86 , 256 A. 2d 886 (1969), Daubert v. Daubert, 239 Md. 303 , 211 A. 2d 323 (1965), and Sibley v. Sibley, 187 Md. 358 , 50 A. 2d 128 (1946).” Appellant cites to us Pontorno v. Pontorno, 257 Md. 576 , 263 A. 2d 820 (1970), wherein custody was denied to an adulterous mother and there was no clear showing otherwise that she was a fit and proper person. 1971Holcomb v. Holcomb, 255 Md. 86 , 256 A. 2d 886 (1969), Daubert v. Daubert, 239 Md. 303 , 211 A. 2d 323 (1965), and Sibley v. Sibley, 187 Md. 358 , 50 A. 2d 128 (1946).” Appellant cites to us Pontorno v. Pontorno, 257 Md. 576 , 263 A. 2d 820 (1970), wherein custody was denied to an adulterous mother and there was no clear showing otherwise that she was a fit and proper person. | 1 | 1971–1971 |
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.
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.