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13 Maryland opinions name it 1 courts 2001–2025 9 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 |
|---|---|---|
Attorney Grievance Comm'n of Md. v. Edwardsgreen2 sentences2021Aggravating and Mitigating Factors “Bar Counsel has the burden of proving the existence of aggravating factors by clear and convincing evidence.” Edwards, 462 Md. at 708 (citation omitted). 2021“The existence of aggravating factors must be demonstrated by clear and convincing evidence.” Johnson, 472 Md. at 547 (citing Edwards, 462 Md. at 708 ). | 7 | 8 |
Attorney Grievance Comm'n v. Weinberggreen1 sentence2025Attorney Grievance Comm’n v. Weinberg, 485 Md. 504, 556 (2023); Md. | 1 | 1 |
Attorney Grievance v. Malonegreen2 sentences2022In addition to excepting to the hearing judge’s ruling concerning the invocation of his Fifth Amendment privilege against self-incrimination, Malone excepted to what he described as the hearing judge’s “fail[ure] to undertake an analysis of mitigating factors[,] [] fail[ure] to recognize the existence of various mitigating factors[,] and [] fail[ure] to properly analyze the existence of aggravating factors.” Id. at 262 , 269 A.3d at 303-04 (cleaned up). - 10 - Mr. Malone knowingly and intentionally misrepresented his disciplinary history by failing to disclose that he had been held in contempt 2022In addition to excepting to the hearing judge’s ruling concerning the invocation of his Fifth Amendment privilege against self-incrimination, Malone excepted to what he described as the hearing judge’s “fail[ure] to undertake an analysis of mitigating factors[,] [] fail[ure] to recognize the existence of various mitigating factors[,] and [] fail[ure] to properly analyze the existence of aggravating factors.” Id. at 262 , 269 A.3d at 303-04 (cleaned up). - 10 - Mr. Malone knowingly and intentionally misrepresented his disciplinary history by failing to disclose that he had been held in contempt | 1 | 1 |
Attorney Grievance v. Bahgreen1 sentence2021“Bar Counsel has the burden of proving the existence of aggravating factors by clear and convincing evidence.” Attorney Grievance Comm’n v. Bah, 468 Md. 179, 215 (2020) (citation omitted). | 1 | 1 |
Hildwin v. Floridared2 sentences2001See id. at 650 , 110 S.Ct. at 3055 , 111 L.Ed.2d 511 ; see also Hildwin v. Florida, 490 U.S. 638 , 109 S.Ct. 2055 , 104 L.Ed.2d 728 (1989) (holding that the specific findings authorizing the imposition of a death sentence did not have to be made by a jury because the existence of aggravating factors was not an element of the offense but merely a “sentencing factor”). 2001See id. at 650 , 110 S.Ct. at 3055 , 111 L.Ed.2d 511 ; see also Hildwin v. Florida, 490 U.S. 638 , 109 S.Ct. 2055 , 104 L.Ed.2d 728 (1989) (holding that the specific findings authorizing the imposition of a death sentence did not have to be made by a jury because the existence of aggravating factors was not an element of the offense but merely a “sentencing factor”). | 1 | 1 |
Walton v. Arizonared2 sentences2001See id. at 650 , 110 S.Ct. at 3055 , 111 L.Ed.2d 511 ; see also Hildwin v. Florida, 490 U.S. 638 , 109 S.Ct. 2055 , 104 L.Ed.2d 728 (1989) (holding that the specific findings authorizing the imposition of a death sentence did not have to be made by a jury because the existence of aggravating factors was not an element of the offense but merely a “sentencing factor”). 2001See id. at 650 , 110 S.Ct. at 3055 , 111 L.Ed.2d 511 ; see also Hildwin v. Florida, 490 U.S. 638 , 109 S.Ct. 2055 , 104 L.Ed.2d 728 (1989) (holding that the specific findings authorizing the imposition of a death sentence did not have to be made by a jury because the existence of aggravating factors was not an element of the offense but merely a “sentencing factor”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Attorney Grievance v. Johnson
green
1 sentence2021“The existence of aggravating factors must be demonstrated by clear and convincing evidence.” Johnson, 472 Md. at 547 (citing Edwards, 462 Md. at 708 ). | 1 | 2021–2021 |
Attorney Grievance Comm'n of Md. v. Thompson
green
2 sentences2019Thompson , 462 Md. at 131 , 198 A.3d 234 . 2019Thompson , 462 Md. at 131 , 198 A.3d 234 . | 1 | 2019–2019 |
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.