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11 Maryland opinions name it 2 courts 1982–2020 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.
| Case | Followed | Cited |
|---|---|---|
Attorney Grievance Commission v. Glenngreen2 sentences2009Once expenses were deducted, a net attorney fee rather than gross attorney fee remained.” See also Attorney Grievance Comm’n v. Glenn, 341 Md. 448, 491 , 671 A.2d 463, 484 (1996) (citing ABA standard indicating that “[suspension is generally appropriate when a lawyer ... should know that he is dealing improperly with client property and causes ... potential injuly to a client”). 2009Once expenses were deducted, a net attorney fee rather than gross attorney fee remained.” See also Attorney Grievance Comm’n v. Glenn, 341 Md. 448, 491 , 671 A.2d 463, 484 (1996) (citing ABA standard indicating that “[suspension is generally appropriate when a lawyer ... should know that he is dealing improperly with client property and causes ... potential injuly to a client”). | 3 | 3 |
Gross v. Stategreen2 sentences2014In Gross v. State, 186 Md.App. 320, 322, n. 1 , 973 A.2d 895 (2009), we said that an ABA plea agreement: Is an agreement by the sentencing judge, the defendant and the prosecutor as to what the maximum sentence will be if the plea is accepted. 2014In Gross v. State, 186 Md.App. 320, 322, n. 1 , 973 A.2d 895 (2009), we said that an ABA plea agreement: Is an agreement by the sentencing judge, the defendant and the prosecutor as to what the maximum sentence will be if the plea is accepted. | 1 | 3 |
Sharp v. Stategreen1 sentence2020If the defendant persists in the plea, the court may accept the plea of guilty only pursuant to Rule 4-242(c) and the plea of nolo contendere only pursuant to Rule 4-242(e). 9 The final category is sometimes called an “ABA plea agreement.” See Sharp v. State, 446 Md. 669, 698-99 (2016) (discussing ABA Standards for Criminal Justice, Pleas of Guilty, Standard 14-3.3 (3d. ed.)). | 1 | 1 |
Attorney Grievance Commission v. Jamesgreen2 sentences2011Attorney Grievance v. Potter, 380 Md. 128, 159-60 , 844 A.2d 367, 385-86 (2004) (citing agreement among the ABA and state bar ethics commissions that a specific act is unethical to support a finding that the respondent violated the MRPC), Brown & Sturm v. Frederick Rd., 137 Md.App. 150, 177-78 , 768 A.2d 62, 77 (2001) (relying on a formal opinion of the ABA Committee of Ethics and Professional Responsibility, because the MRPC was silent on the specific conduct at issue), Attorney Grievance v. James, 340 Md. 318, 325-27 , 666 A.2d 1246, 1249-50 (1995) (citing an MSBA Ethics Committee opinion to 2011Attorney Grievance v. Potter, 380 Md. 128, 159-60 , 844 A.2d 367, 385-86 (2004) (citing agreement among the ABA and state bar ethics commissions that a specific act is unethical to support a finding that the respondent violated the MRPC), Brown & Sturm v. Frederick Rd., 137 Md.App. 150, 177-78 , 768 A.2d 62, 77 (2001) (relying on a formal opinion of the ABA Committee of Ethics and Professional Responsibility, because the MRPC was silent on the specific conduct at issue), Attorney Grievance v. James, 340 Md. 318, 325-27 , 666 A.2d 1246, 1249-50 (1995) (citing an MSBA Ethics Committee opinion to | 1 | 1 |
Brown & Sturm v. Frederick Road Ltd. Partnershipgreen2 sentences2011Attorney Grievance v. Potter, 380 Md. 128, 159-60 , 844 A.2d 367, 385-86 (2004) (citing agreement among the ABA and state bar ethics commissions that a specific act is unethical to support a finding that the respondent violated the MRPC), Brown & Sturm v. Frederick Rd., 137 Md.App. 150, 177-78 , 768 A.2d 62, 77 (2001) (relying on a formal opinion of the ABA Committee of Ethics and Professional Responsibility, because the MRPC was silent on the specific conduct at issue), Attorney Grievance v. James, 340 Md. 318, 325-27 , 666 A.2d 1246, 1249-50 (1995) (citing an MSBA Ethics Committee opinion to 2011Attorney Grievance v. Potter, 380 Md. 128, 159-60 , 844 A.2d 367, 385-86 (2004) (citing agreement among the ABA and state bar ethics commissions that a specific act is unethical to support a finding that the respondent violated the MRPC), Brown & Sturm v. Frederick Rd., 137 Md.App. 150, 177-78 , 768 A.2d 62, 77 (2001) (relying on a formal opinion of the ABA Committee of Ethics and Professional Responsibility, because the MRPC was silent on the specific conduct at issue), Attorney Grievance v. James, 340 Md. 318, 325-27 , 666 A.2d 1246, 1249-50 (1995) (citing an MSBA Ethics Committee opinion to | 1 | 1 |
Attorney Grievance Commission v. Korotkigreen2 sentences2011Attorney Grievance v. Potter, 380 Md. 128, 159-60 , 844 A.2d 367, 385-86 (2004) (citing agreement among the ABA and state bar ethics commissions that a specific act is unethical to support a finding that the respondent violated the MRPC), Brown & Sturm v. Frederick Rd., 137 Md.App. 150, 177-78 , 768 A.2d 62, 77 (2001) (relying on a formal opinion of the ABA Committee of Ethics and Professional Responsibility, because the MRPC was silent on the specific conduct at issue), Attorney Grievance v. James, 340 Md. 318, 325-27 , 666 A.2d 1246, 1249-50 (1995) (citing an MSBA Ethics Committee opinion to 2011Attorney Grievance v. Potter, 380 Md. 128, 159-60 , 844 A.2d 367, 385-86 (2004) (citing agreement among the ABA and state bar ethics commissions that a specific act is unethical to support a finding that the respondent violated the MRPC), Brown & Sturm v. Frederick Rd., 137 Md.App. 150, 177-78 , 768 A.2d 62, 77 (2001) (relying on a formal opinion of the ABA Committee of Ethics and Professional Responsibility, because the MRPC was silent on the specific conduct at issue), Attorney Grievance v. James, 340 Md. 318, 325-27 , 666 A.2d 1246, 1249-50 (1995) (citing an MSBA Ethics Committee opinion to | 1 | 1 |
Attorney Grievance Commission v. Pottergreen2 sentences2011Attorney Grievance v. Potter, 380 Md. 128, 159-60 , 844 A.2d 367, 385-86 (2004) (citing agreement among the ABA and state bar ethics commissions that a specific act is unethical to support a finding that the respondent violated the MRPC), Brown & Sturm v. Frederick Rd., 137 Md.App. 150, 177-78 , 768 A.2d 62, 77 (2001) (relying on a formal opinion of the ABA Committee of Ethics and Professional Responsibility, because the MRPC was silent on the specific conduct at issue), Attorney Grievance v. James, 340 Md. 318, 325-27 , 666 A.2d 1246, 1249-50 (1995) (citing an MSBA Ethics Committee opinion to 2011Attorney Grievance v. Potter, 380 Md. 128, 159-60 , 844 A.2d 367, 385-86 (2004) (citing agreement among the ABA and state bar ethics commissions that a specific act is unethical to support a finding that the respondent violated the MRPC), Brown & Sturm v. Frederick Rd., 137 Md.App. 150, 177-78 , 768 A.2d 62, 77 (2001) (relying on a formal opinion of the ABA Committee of Ethics and Professional Responsibility, because the MRPC was silent on the specific conduct at issue), Attorney Grievance v. James, 340 Md. 318, 325-27 , 666 A.2d 1246, 1249-50 (1995) (citing an MSBA Ethics Committee opinion to | 1 | 1 |
Attorney Grievance Commission v. Kempgreen2 sentences2011Attorney Grievance v. Potter, 380 Md. 128, 159-60 , 844 A.2d 367, 385-86 (2004) (citing agreement among the ABA and state bar ethics commissions that a specific act is unethical to support a finding that the respondent violated the MRPC), Brown & Sturm v. Frederick Rd., 137 Md.App. 150, 177-78 , 768 A.2d 62, 77 (2001) (relying on a formal opinion of the ABA Committee of Ethics and Professional Responsibility, because the MRPC was silent on the specific conduct at issue), Attorney Grievance v. James, 340 Md. 318, 325-27 , 666 A.2d 1246, 1249-50 (1995) (citing an MSBA Ethics Committee opinion to 2011Attorney Grievance v. Potter, 380 Md. 128, 159-60 , 844 A.2d 367, 385-86 (2004) (citing agreement among the ABA and state bar ethics commissions that a specific act is unethical to support a finding that the respondent violated the MRPC), Brown & Sturm v. Frederick Rd., 137 Md.App. 150, 177-78 , 768 A.2d 62, 77 (2001) (relying on a formal opinion of the ABA Committee of Ethics and Professional Responsibility, because the MRPC was silent on the specific conduct at issue), Attorney Grievance v. James, 340 Md. 318, 325-27 , 666 A.2d 1246, 1249-50 (1995) (citing an MSBA Ethics Committee opinion to | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Burnette v. State
green
2 sentences1985In addressing that portion of the Kelly opinion dealing with a judge’s latitude to “personalize his Allen -type instruction ... before the jury retires,” 5 the Burnette opinion authorized only deviations from the ABA instruction which were “concerned with form and style,” while stating that “[djeviations in substance ... are not permitted.” 280 Md. at 101 , 371 A.2d 663 . 1985In addressing that portion of the Kelly opinion dealing with a judge’s latitude to “personalize his Allen -type instruction ... before the jury retires,” 5 the Burnette opinion authorized only deviations from the ABA instruction which were “concerned with form and style,” while stating that “[djeviations in substance ... are not permitted.” 280 Md. at 101 , 371 A.2d 663 . | 2 | 1982–1985 |
Hoile v. State
green
2 sentences2014In Hoile v. State, 404 Md. 591 , 948 A.2d 30 (2008), the Court said: Maryland Rule 4-345(a) states that a “court may correct an illegal sentence at any time.” The correction of an illegal sentence may result in an increase over the erroneous sentence previously imposed on the defendant. 2014In Hoile v. State, 404 Md. 591 , 948 A.2d 30 (2008), the Court said: Maryland Rule 4-345(a) states that a “court may correct an illegal sentence at any time.” The correction of an illegal sentence may result in an increase over the erroneous sentence previously imposed on the defendant. | 1 | 2014–2014 |
Carlini v. State
green
2 sentences2014More recently, in Carlini v. State, 215 Md.App. 415, 437 , 81 A.3d 560 (2013), we characterized the language from Chertkov , that we have emphasized, as “considered dicta.” We then enunciated the principle to be drawn from the ABA plea agreement cases, viz: The common denominator in all of these instances of Rule 4-345(a) sentence illegality is that once the objective outer boundary markers for the sentence have been established, the illegality that inheres in the sentence itself is obvious. 2014More recently, in Carlini v. State, 215 Md.App. 415, 437 , 81 A.3d 560 (2013), we characterized the language from Chertkov , that we have emphasized, as “considered dicta.” We then enunciated the principle to be drawn from the ABA plea agreement cases, viz: The common denominator in all of these instances of Rule 4-345(a) sentence illegality is that once the objective outer boundary markers for the sentence have been established, the illegality that inheres in the sentence itself is obvious. | 1 | 2014–2014 |
Chertkov v. State
green
2 sentences2014In Chertkov , the trial court imposed a sentence in accordance with a binding ABA plea agreement, id. at 164 , 642 A.2d 232 , but later reduced the sentence by granting the defendant “probation before verdict.” Id. at 165 , 642 A.2d 232 . 2014In Chertkov , the trial court imposed a sentence in accordance with a binding ABA plea agreement, id. at 164 , 642 A.2d 232 , but later reduced the sentence by granting the defendant “probation before verdict.” Id. at 165 , 642 A.2d 232 . | 1 | 2014–2014 |
Dotson v. State
green
2 sentences2014In that regard, the Chertkov Court first discussed its decision in Dotson v. State, 321 Md. 515 , 583 A.2d 710 (1991), a case in which the trial judge imposed a sentence in conformity with the ABA plea agreement but a sentence review panel later increased that sentence. 2014In that regard, the Chertkov Court first discussed its decision in Dotson v. State, 321 Md. 515 , 583 A.2d 710 (1991), a case in which the trial judge imposed a sentence in conformity with the ABA plea agreement but a sentence review panel later increased that sentence. | 1 | 2014–2014 |
Tweedy v. State
green
2 sentences2011Again, this inquiry is guided by appellant’s reasonable understanding at the time the plea was entered, and to determine appellant’s reasonable understanding, we consider terms implied by the plea agreement in addition to those expressly provided, Tweedy, 380 Md. at 482 , 845 A.2d 1215 , guided by concepts of fairness and equity. 2011Again, this inquiry is guided by appellant’s reasonable understanding at the time the plea was entered, and to determine appellant’s reasonable understanding, we consider terms implied by the plea agreement in addition to those expressly provided, Tweedy, 380 Md. at 482 , 845 A.2d 1215 , guided by concepts of fairness and equity. | 1 | 2011–2011 |
Attorney Grievance Commission v. Vanderlinde
green
2 sentences2006When, however, it appears that the attorney has engaged in intentional dishonest conduct (as is the case here), the bar is set especially high, and disbarment will be the appropriate sanction absent “compelling extenuating circumstances.” See Vanderlinde, 364 Md. at 413-14 , 773 A.2d at 485 . 2006When, however, it appears that the attorney has engaged in intentional dishonest conduct (as is the case here), the bar is set especially high, and disbarment will be the appropriate sanction absent “compelling extenuating circumstances.” See Vanderlinde, 364 Md. at 413-14 , 773 A.2d at 485 . | 1 | 2006–2006 |
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.