Thomas test (Maryland) · Go Syfert
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Thomas test in Maryland

15 Maryland opinions name it 3 courts 1976–2023 4 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 (6)

CaseFollowedCited
Young v. United Statesgreen
dc · 2013 · cited in 3 Maryland opinions naming this issue, 2015–2021
2 sentences

2021The Young Court observed that “a statement could be accusatory and, therefore, be testimonial under Justice Alito’s test, but without being formal enough to satisfy Justice Thomas’s test,” while, conversely, a statement “could be formal under Justice Thomas’s test … but without accusing or targeting a particular suspect and, therefore, not be testimonial under Justice Alito’s opinion.” Id. at 543 (citing Young, 63 A.3d at 1043 ).

2021The Young Court observed that “a statement could be accusatory and, therefore, be testimonial under Justice Alito’s test, but without being formal enough to satisfy Justice Thomas’s test,” while, conversely, a statement “could be formal under Justice Thomas’s test … but without accusing or targeting a particular suspect and, therefore, not be testimonial under Justice Alito’s opinion.” Id. at 543 (citing Young, 63 A.3d at 1043 ).

13
Williams v. Illinoisred
scotus · 2012 · cited in 2 Maryland opinions naming this issue, 2015–2015
2 sentences

2015Young v. United States, 63 A.3d 1033, 1043 (D.C. 2013). 33 first determine if the forensic report at issue reflects the “‘solemnity of an affidavit or deposition’”, (Derr II, 434 Md. at 113, 73 A.3d at 268, quoting Williams, 567 U.S. at __ , 132 S.Ct. at 2260 , 183 L.Ed.2d at 133 (Thomas, J., concurring)), which would satisfy Justice Thomas’s inquiry.

2015This expanded approach to Williams requires that we, like our brethren on the trial courts, first determine if the forensic report at issue reflects the “ ‘solemnity of an affidavit or deposition’ ”, (Derr II, 434 Md. at 113 , 73 A.3d at 268 , quoting Williams , 567 U.S. *548 at-, 132 S.Ct. at 2260 , 183 L.Ed.2d at 133 (Thomas, J., concurring)), which would satisfy Justice Thomas’s inquiry.

12
Maine v. Taylorgreen
scotus · 1986 · cited in 1 Maryland opinions naming this issue, 2021–2021
2 sentences

2021See, e.g., Maine v. Taylor, 477 U.S. 131, 138 (1986).

2021See, e.g., Maine v. Taylor, 477 U.S. 131, 138 (1986).

11
Marks v. United Statesgreen
scotus · 1977 · cited in 1 Maryland opinions naming this issue, 2015–2015
2 sentences

2015A statement, 25 The “Marks Rule” instructs lower courts that, when the Supreme Court issues a plurality opinion, “the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds.” Marks v. United States, 430 U.S. 188, 193 , 97 S.Ct. 990, 993 , 51 L.Ed.2d 260, 266 (1977) (internal quotation marks omitted). 28 conversely, could be formal under Justice Thomas’s test, according to the District of Columbia Court of Appeals, but without accusing or targeting a particular suspect and, therefore, not be testimonial under Justice Al

2015A statement, 25 The “Marks Rule” instructs lower courts that, when the Supreme Court issues a plurality opinion, “the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds.” Marks v. United States, 430 U.S. 188, 193 , 97 S.Ct. 990, 993 , 51 L.Ed.2d 260, 266 (1977) (internal quotation marks omitted). 28 conversely, could be formal under Justice Thomas’s test, according to the District of Columbia Court of Appeals, but without accusing or targeting a particular suspect and, therefore, not be testimonial under Justice Al

11
Attorney Grievance Commission v. Thomasgreen
md · 2014 · cited in 1 Maryland opinions naming this issue, 2015–2015
2 sentences

2015Attorney Grievance Comm’n v. Thomas, 440 Md. 523, 555 , 103 A.3d 629 (2014) (“Attorneys violate MLRPC 8.4(c) when they ... conceal material information from their clients, even if they have not misrepresented explicitly the information.”).

2015Attorney Grievance Comm’n v. Thomas, 440 Md. 523, 555 , 103 A.3d 629 (2014) (“Attorneys violate MLRPC 8.4(c) when they ... conceal material information from their clients, even if they have not misrepresented explicitly the information.”).

11
In Re Appeal No. 544, Term 1974green
mdctspecapp · 1975 · cited in 1 Maryland opinions naming this issue, 1976–1976
1 sentence

1976See In Re Appeal No. 544, September Term, 1974, 25 Md.

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 (9)

CaseCitedYears
United States v. Eric Thomas green
ca11 · 2016
2 sentences

2023The Eleventh Circuit did not address the District Court’s treatment of the forensic scan results as akin to a photocopy, but concluded that the warrant was valid because “the only information” utilized “in obtaining the search warrant was data collected prior to Thomas’s objection.” Id. at 1242 .

2023The Eleventh Circuit did not address the District Court’s treatment of the forensic scan results as akin to a photocopy, but concluded that the warrant was valid because “the only information” utilized “in obtaining the search warrant was data collected prior to Thomas’s objection.” Id. at 1242 .

22023–2023
State v. Peterson green
md · 1989
2 sentences

2019That is all we need to decide. 11 See, e.g., State v. Peterson, 315 Md. at 82-90 . 12 Or perhaps it will not, given the decision we reach on the merits below. 11 B.

2019That is all we need to decide. 11 See, e.g., State v. Peterson, 315 Md. at 82-90 . 12 Or perhaps it will not, given the decision we reach on the merits below. 11 B.

22019–2019
Johnson v. State green
mdctspecapp · 2020
1 sentence

2020First, this was the first overdose-related involuntary manslaughter case to reach our Court after the Court of Appeals issued Thomas, 464 Md. at 169–72, and the first opportunity to identify situations that would or wouldn’t satisfy Thomas’s new standard.1 After analyzing the facts of this case against the Thomas factors, we concluded that “[i]nterpreting Thomas to assume knowledge of a drug’s contents with its riskiness on the part of all low-level, infrequent dealers would lead to the per se rule Thomas warned against[,]” and that “if this drug sale qualifies as grossly negligent, we struggl

12020–2020
State v. Thomas green
md · 2019
1 sentence

2020First, this was the first overdose-related involuntary manslaughter case to reach our Court after the Court of Appeals issued Thomas, 464 Md. at 169–72, and the first opportunity to identify situations that would or wouldn’t satisfy Thomas’s new standard.1 After analyzing the facts of this case against the Thomas factors, we concluded that “[i]nterpreting Thomas to assume knowledge of a drug’s contents with its riskiness on the part of all low-level, infrequent dealers would lead to the per se rule Thomas warned against[,]” and that “if this drug sale qualifies as grossly negligent, we struggl

12020–2020
Rich v. State green
mdctspecapp · 2016
2 sentences

2017In the opinion below, the Court of Special Appeals referred to Mr. Thomas’ defense attorney as "Co-Defendant’s Counsel.” Rich v. State, 230 Md.App. 537, 556-57 , 148 A.3d 377 (2016).

2017In the opinion below, the Court of Special Appeals referred to Mr. Thomas’ defense attorney as "Co-Defendant’s Counsel.” Rich v. State, 230 Md.App. 537, 556-57 , 148 A.3d 377 (2016).

12017–2017
Derr v. State green
md · 2013
2 sentences

2015This expanded approach to Williams requires that we, like our brethren on the trial courts, first determine if the forensic report at issue reflects the “ ‘solemnity of an affidavit or deposition’ ”, (Derr II, 434 Md. at 113 , 73 A.3d at 268 , quoting Williams , 567 U.S. *548 at-, 132 S.Ct. at 2260 , 183 L.Ed.2d at 133 (Thomas, J., concurring)), which would satisfy Justice Thomas’s inquiry.

2015This expanded approach to Williams requires that we, like our brethren on the trial courts, first determine if the forensic report at issue reflects the “ ‘solemnity of an affidavit or deposition’ ”, (Derr II, 434 Md. at 113 , 73 A.3d at 268 , quoting Williams , 567 U.S. *548 at-, 132 S.Ct. at 2260 , 183 L.Ed.2d at 133 (Thomas, J., concurring)), which would satisfy Justice Thomas’s inquiry.

12015–2015
Michael Alvarado v. R.Q. Hickman, Warden, Acting Warden of Mule Creek State Prison green
ca9 · 2002
1 sentence

2012Thomas, for example, refers to Alvarado v. Hickman, 316 F.3d 841 (9th Cir.2002) to argue that his being interviewed as a suspect indicates he was in custody, but he does not analyze the totality of the circumstances in Hickman ; rather, he focuses exclusively on the issue of whether the person being interviewed was a suspect. .

12012–2012
Thomas v. State green
mdctspecapp · 2011
2 sentences

2012Respondent points out that, at trial, “when [defense] counsel objected to the State’s request to introduce Benjamin’s prior consistent statements, Thomas never alleged the existence of an additional motive to fabricate at the time of Benjamin’s arrest.” In addition, Respondent asserts that it was not until defense counsel’s closing argument that he mentioned that “Benjamin may have had a motive to fabricate at the time of his arrest.” Thus, Respondent concludes, by pointing out that, even though the Court of Special Appeals acknowledged that Benjamin had multiple motives to fabricate, that cou

2012App. at 398 , 32 A.3d at 509 .

12012–2012
State v. Thomas green
md · 1992
2 sentences

1992In Thomas II, we held that the post conviction court committed reversible error when it sustained Thomas’s objection to the State’s attempt to elicit from Kinsley his understanding of the results of Dr. Beran’s psychiatric evaluation. 325 Md. at 173 , 599 A.2d at 1177 .

1992In Thomas II, we held that the post conviction court committed reversible error when it sustained Thomas’s objection to the State’s attempt to elicit from Kinsley his understanding of the results of Dr. Beran’s psychiatric evaluation. 325 Md. at 173 , 599 A.2d at 1177 .

11992–1992

Where else courts name it

CA 55 (1983–2026) TX 52 (1982–2025) OH 46 (1998–2025) GA 40 (1976–2024) AL 24 (1965–2025) IL 23 (1985–2025) FL 22 (1980–2019) PA 20 (1975–2023) IN 20 (1978–2025) MS 18 (1986–2025) WA 17 (1982–2025) MI 16 (1986–2023) MO 16 (1988–2025) MD 15 (1976–2023) NY 12 (1972–2014) CO 11 (1974–2026) KS 9 (1988–2025) LA 8 (1998–2021) VA 8 (1992–2024) OK 7 (1995–2014) DC 7 (2000–2026) AK 7 (1977–2024) ID 6 (1994–2025) DE 6 (2015–2023) KY 6 (2000–2025) NE 6 (2019–2026) TN 5 (2000–2024) SC 5 (1994–2016) WV 5 (1977–1997) VI 4 (2012–2016) WI 4 (2000–2025) UT 4 (1999–2025) AR 4 (2007–2025) NV 4 (2010–2019) IA 3 (2018–2024) MT 3 (1991–2020) ME 3 (2022–2025) MN 3 (1986–2017) MA 3 (1993–2009) AZ 3 (1996–2015) WY 2 (1984–2022)

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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