facts whenever claim (Maryland) · Go Syfert
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facts whenever claim in Maryland

14 Maryland opinions name it 1 courts 1972–2000 0 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 (2)

CaseFollowedCited
Walker v. Stategreen
mdctspecapp · 1971 · cited in 9 Maryland opinions naming this issue, 1974–2000
2 sentences

2000With respect to second-level findings of fact, such as the voluntariness of a consent, Judge Moylan explained, in Walker v. State, 12 Md.App. 684 , 280 A.2d 260 (1971): [W]hen we say that we have the obligation to make an independent, reflective constitutional judgment on the facts whenever a claim of a constitutionally-protected right is *203 involved [we mean] that, although we give great weight to the findings of the hearing judge as to specific, first-level facts (such as the time an interrogation began, whether a meal was or was not served, whether a telephone call was requested, etc.) we

2000With respect to second-level findings of fact, such as the voluntariness of a consent, Judge Moylan explained, in Walker v. State, 12 Md.App. 684 , 280 A.2d 260 (1971): [W]hen we say that we have the obligation to make an independent, reflective constitutional judgment on the facts whenever a claim of a constitutionally-protected right is *203 involved [we mean] that, although we give great weight to the findings of the hearing judge as to specific, first-level facts (such as the time an interrogation began, whether a meal was or was not served, whether a telephone call was requested, etc.) we

19
Fidazzo v. Stategreen
mdctspecapp · 1976 · cited in 1 Maryland opinions naming this issue, 1984–1984
2 sentences

1984See also Fidazzo v. State, 32 Md.App. 590, 591-92 , 363 A.2d 583 (1976); Dixon v. State, 23 Md.App. 19, 35-36 , 327 A.2d 516 (1974) (and cases cited therein); Howell v. State, 18 Md.App. 429, 437 , 306 A.2d 554 (1973), rev’d on other grounds, 271 Md. 378 , 318 A.2d 189 (1974).

1984See also Fidazzo v. State, 32 Md.App. 590, 591-92 , 363 A.2d 583 (1976); Dixon v. State, 23 Md.App. 19, 35-36 , 327 A.2d 516 (1974) (and cases cited therein); Howell v. State, 18 Md.App. 429, 437 , 306 A.2d 554 (1973), rev’d on other grounds, 271 Md. 378 , 318 A.2d 189 (1974).

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 (11)

CaseCitedYears
Schneckloth v. Bustamonte green
scotus · 1973
2 sentences

1976As we said in Walker , at 695: “What we mean, therefore, when we say that we have the obligation to make an independent, reflective constitutional judgment on the facts whenever a claim of a constitutionally-protected right is involved is that, although we give great weight to the findings of the hearing judge as to specific, first-level facts (such as the time that an interrogation began, whether a meal was or was not served, whether a telephone call was requested, etc.) we must make our own independent judgment as to what to make of those facts; we must, in *592 making that independent judgm

1975App. at 695 ): “What we mean, therefore, when we say that we have the obligation to make an independent, reflective constitutional judgrnent on the facts whenever a claim of a constitutionally-protected right is involved is that, although we give great weight to the findings of the hearing judge as to specific, first-level facts (such as the time that an interrogation began, whether a meal was or was not served, whether a telephone call was requested, etc.) we must make our own independent judgment as to what to make of those facts; we must, in making that independent judgment, resolve for our

21975–1976
Whitman v. State green
mdctspecapp · 1975
2 sentences

1991Citing Davis v. North Carolina, 384 U.S. 737, 741 , 86 S.Ct. 1761, 1764 , 16 L.Ed.2d 895 (1966), we said, in Whit *650 man v. State, 25 Md.App. 428, 435 , 336 A.2d 515 (1975), that “[w]ith respect to the scope of our review, we observe that in the presence of alleged infringements of constitutionally protected rights, we are required to examine the entire record and to make an independent, reflective constitutional judgment on the facts.” Judge Moylan, speaking for this Court in Walker v. State, 12 Md.App. 684, 695 , 280 A.2d 260 (1971), discussed our role: What we mean, therefore, when we say

1991Citing Davis v. North Carolina, 384 U.S. 737, 741 , 86 S.Ct. 1761, 1764 , 16 L.Ed.2d 895 (1966), we said, in Whit *650 man v. State, 25 Md.App. 428, 435 , 336 A.2d 515 (1975), that “[w]ith respect to the scope of our review, we observe that in the presence of alleged infringements of constitutionally protected rights, we are required to examine the entire record and to make an independent, reflective constitutional judgment on the facts.” Judge Moylan, speaking for this Court in Walker v. State, 12 Md.App. 684, 695 , 280 A.2d 260 (1971), discussed our role: What we mean, therefore, when we say

11991–1991
Davis v. North Carolina green
scotus · 1966
2 sentences

1991Citing Davis v. North Carolina, 384 U.S. 737, 741 , 86 S.Ct. 1761, 1764 , 16 L.Ed.2d 895 (1966), we said, in Whit *650 man v. State, 25 Md.App. 428, 435 , 336 A.2d 515 (1975), that “[w]ith respect to the scope of our review, we observe that in the presence of alleged infringements of constitutionally protected rights, we are required to examine the entire record and to make an independent, reflective constitutional judgment on the facts.” Judge Moylan, speaking for this Court in Walker v. State, 12 Md.App. 684, 695 , 280 A.2d 260 (1971), discussed our role: What we mean, therefore, when we say

1991Citing Davis v. North Carolina, 384 U.S. 737, 741 , 86 S.Ct. 1761, 1764 , 16 L.Ed.2d 895 (1966), we said, in Whit *650 man v. State, 25 Md.App. 428, 435 , 336 A.2d 515 (1975), that “[w]ith respect to the scope of our review, we observe that in the presence of alleged infringements of constitutionally protected rights, we are required to examine the entire record and to make an independent, reflective constitutional judgment on the facts.” Judge Moylan, speaking for this Court in Walker v. State, 12 Md.App. 684, 695 , 280 A.2d 260 (1971), discussed our role: What we mean, therefore, when we say

11991–1991
State v. Wilson green
md · 1977
2 sentences

1990In dealing with the precisely analogous question of voluntariness in the context of confession law, we observed in Walker v. State, 12 Md.App. 684, 695 , 280 A.2d 260 (1971): “What we mean, therefore, when we say that we have the obligation to make an independent, reflective constitutional judgment on the facts whenever a claim of a constitutionally-protected right is involved is that, although we give great weight to the findings of the hearing judge as to specific, first-level facts (such as the time that an interrogation began, whether a meal was or was not served, whether a telephone call

1990In dealing with the precisely analogous question of voluntariness in the context of confession law, we observed in Walker v. State, 12 Md.App. 684, 695 , 280 A.2d 260 (1971): “What we mean, therefore, when we say that we have the obligation to make an independent, reflective constitutional judgment on the facts whenever a claim of a constitutionally-protected right is involved is that, although we give great weight to the findings of the hearing judge as to specific, first-level facts (such as the time that an interrogation began, whether a meal was or was not served, whether a telephone call

11990–1990
Gamble v. State green
md · 1989
2 sentences

1990In dealing with the precisely analogous question of voluntariness in the context of confession law, we observed in Walker v. State, 12 Md.App. 684, 695 , 280 A.2d 260 (1971): “What we mean, therefore, when we say that we have the obligation to make an independent, reflective constitutional judgment on the facts whenever a claim of a constitutionally-protected right is involved is that, although we give great weight to the findings of the hearing judge as to specific, first-level facts (such as the time that an interrogation began, whether a meal was or was not served, whether a telephone call

1990In dealing with the precisely analogous question of voluntariness in the context of confession law, we observed in Walker v. State, 12 Md.App. 684, 695 , 280 A.2d 260 (1971): “What we mean, therefore, when we say that we have the obligation to make an independent, reflective constitutional judgment on the facts whenever a claim of a constitutionally-protected right is involved is that, although we give great weight to the findings of the hearing judge as to specific, first-level facts (such as the time that an interrogation began, whether a meal was or was not served, whether a telephone call

11990–1990
Howell v. State green
mdctspecapp · 1973
2 sentences

1984See also Fidazzo v. State, 32 Md.App. 590, 591-92 , 363 A.2d 583 (1976); Dixon v. State, 23 Md.App. 19, 35-36 , 327 A.2d 516 (1974) (and cases cited therein); Howell v. State, 18 Md.App. 429, 437 , 306 A.2d 554 (1973), rev’d on other grounds, 271 Md. 378 , 318 A.2d 189 (1974).

1984See also Fidazzo v. State, 32 Md.App. 590, 591-92 , 363 A.2d 583 (1976); Dixon v. State, 23 Md.App. 19, 35-36 , 327 A.2d 516 (1974) (and cases cited therein); Howell v. State, 18 Md.App. 429, 437 , 306 A.2d 554 (1973), rev’d on other grounds, 271 Md. 378 , 318 A.2d 189 (1974).

11984–1984
Howell v. State green
md · 1974
2 sentences

1984See also Fidazzo v. State, 32 Md.App. 590, 591-92 , 363 A.2d 583 (1976); Dixon v. State, 23 Md.App. 19, 35-36 , 327 A.2d 516 (1974) (and cases cited therein); Howell v. State, 18 Md.App. 429, 437 , 306 A.2d 554 (1973), rev’d on other grounds, 271 Md. 378 , 318 A.2d 189 (1974).

1984See also Fidazzo v. State, 32 Md.App. 590, 591-92 , 363 A.2d 583 (1976); Dixon v. State, 23 Md.App. 19, 35-36 , 327 A.2d 516 (1974) (and cases cited therein); Howell v. State, 18 Md.App. 429, 437 , 306 A.2d 554 (1973), rev’d on other grounds, 271 Md. 378 , 318 A.2d 189 (1974).

11984–1984
Dixon v. State green
mdctspecapp · 1974
2 sentences

1984See also Fidazzo v. State, 32 Md.App. 590, 591-92 , 363 A.2d 583 (1976); Dixon v. State, 23 Md.App. 19, 35-36 , 327 A.2d 516 (1974) (and cases cited therein); Howell v. State, 18 Md.App. 429, 437 , 306 A.2d 554 (1973), rev’d on other grounds, 271 Md. 378 , 318 A.2d 189 (1974).

1984See also Fidazzo v. State, 32 Md.App. 590, 591-92 , 363 A.2d 583 (1976); Dixon v. State, 23 Md.App. 19, 35-36 , 327 A.2d 516 (1974) (and cases cited therein); Howell v. State, 18 Md.App. 429, 437 , 306 A.2d 554 (1973), rev’d on other grounds, 271 Md. 378 , 318 A.2d 189 (1974).

11984–1984
Bumper v. North Carolina green
scotus · 1968
1 sentence

1975App. at 695 ): “What we mean, therefore, when we say that we have the obligation to make an independent, reflective constitutional judgrnent on the facts whenever a claim of a constitutionally-protected right is involved is that, although we give great weight to the findings of the hearing judge as to specific, first-level facts (such as the time that an interrogation began, whether a meal was or was not served, whether a telephone call was requested, etc.) we must make our own independent judgment as to what to make of those facts; we must, in making that independent judgment, resolve for our

11975–1975
Reagan v. State green
mdctspecapp · 1968
2 sentences

1974App. 590 , 244 A. 2d 623 , we engaged, of necessity, in constitutional fact-finding in a situation where the same issues were before us as face us now.

1974What we mean, therefore, when we say that we have the obligation to make an independent, reflective constitutional judgment on the facts whenever a claim of a constitutionally-protected right is involved is that, although we give great weight to the findings of the hearing judge as to specific, first-level facts (such as the time that an interrogation began, whether a meal was or was not served, whether a telephone call was requested, etc.) we must make our own independent judgment as to what to make of those facts; we must, in making that independent judgment, resolve for ourselves the ultima

11974–1974
Brookhart v. Janis green
scotus · 1966
1 sentence

1972But in determining whether the court made its decision within the required constitutional framework we must do so within the rule that ‘[w]hen constitutional rights turn on the resolution of a factual dispute we are duty bound to make an independent examination of the evidence in the record.’ Brookhart v. Janis, 384 U. S. 1 , note 4 at p. 4.” In Walker v. State, supra, Judge Moylan, for this Court, went on to say, at page 695: “What we mean, therefore, when we say that we have the obligation to make an independent, reflective constitutional judgment on the facts whenever a claim of a constitut

11972–1972

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