11 Maryland opinions name it 2 courts 1985–2023 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.
| Case | Followed | Cited |
|---|---|---|
Bowers v. Stategreen2 sentences2019In Bowers , 320 Md. at 425 , 578 A.2d at 738 , this Court stated: "[P]utting aside those few situations in which prejudice is presumed (actual or constructive denial of counsel and actual conflict of interest), the [petitioner] must show that the particular [ ] unreasonable errors of counsel [ ] had an adverse effect on the defense." (Cleaned up). 2019In Bowers , 320 Md. at 425 , 578 A.2d at 738 , this Court stated: "[P]utting aside those few situations in which prejudice is presumed (actual or constructive denial of counsel and actual conflict of interest), the [petitioner] must show that the particular [ ] unreasonable errors of counsel [ ] had an adverse effect on the defense." (Cleaned up). | 2 | 3 |
United States v. Cronicgreen2 sentences2019Similarly, in Walker , 391 Md. at 247 , 892 A.2d at 555 , this Court explained that, "[w]ith the exception of the[ ] three situations" that the Supreme Court identified in Cronic , 466 U.S. at 658 -62 , 104 S.Ct. 2039 , "a defendant must articulate 'how specific errors of counsel undermined the reliability of the finding of guilt,' i.e. , the defendant must prove [ ] prejudice." (Quoting Cronic , 466 U.S. at 659 n.26, 104 S.Ct. 2039 ). 2012See also Walker, 391 Md. at 247 , 892 A.2d at 555 (“With the exception of these three situations, a defendant must articulate ‘how specific errors of counsel undermined the reliability of the finding of guilt,’ ie., the defendant must prove actual prejudice.” (quoting Cronic, 466 U.S. at 659 n. 26, 104 S.Ct. at 2047 n. 26, 80 L.Ed.2d at 668 n. 26)); Bowers v. State, 320 Md. 416, 425 , 578 A.2d 734, 738 (1990) (“As to the prejudice component, putting aside those few situations in which prejudice is presumed (actual or constructive denial of counsel and actual conflict of interest), the defendan | 1 | 2 |
Walker v. Stategreen2 sentences2012See also Walker, 391 Md. at 247 , 892 A.2d at 555 (“With the exception of these three situations, a defendant must articulate ‘how specific errors of counsel undermined the reliability of the finding of guilt,’ ie., the defendant must prove actual prejudice.” (quoting Cronic, 466 U.S. at 659 n. 26, 104 S.Ct. at 2047 n. 26, 80 L.Ed.2d at 668 n. 26)); Bowers v. State, 320 Md. 416, 425 , 578 A.2d 734, 738 (1990) (“As to the prejudice component, putting aside those few situations in which prejudice is presumed (actual or constructive denial of counsel and actual conflict of interest), the defendan 2012See also Walker, 391 Md. at 247 , 892 A.2d at 555 (“With the exception of these three situations, a defendant must articulate ‘how specific errors of counsel undermined the reliability of the finding of guilt,’ ie., the defendant must prove actual prejudice.” (quoting Cronic, 466 U.S. at 659 n. 26, 104 S.Ct. at 2047 n. 26, 80 L.Ed.2d at 668 n. 26)); Bowers v. State, 320 Md. 416, 425 , 578 A.2d 734, 738 (1990) (“As to the prejudice component, putting aside those few situations in which prejudice is presumed (actual or constructive denial of counsel and actual conflict of interest), the defendan | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences2023Indeed, in Strickland, 466 U.S. at 692-93 , the Supreme Court directed that in cases of actual or constructive denial of the assistance of counsel, courts are to presume prejudice rather than assess whether defense counsel’s errors “actually had an adverse effect on the defense.” Yet, in this case, the State suggests that we do precisely the opposite by looking to whether Mr. Clark can prove that he actually would have spoken with counsel during the overnight recess. 2023Indeed, in Strickland, 466 U.S. at 692-93 , the Supreme Court directed that in cases of actual or constructive denial of the assistance of counsel, courts are to presume prejudice rather than assess whether defense counsel’s errors “actually had an adverse effect on the defense.” Yet, in this case, the State suggests that we do precisely the opposite by looking to whether Mr. Clark can prove that he actually would have spoken with counsel during the overnight recess. | 9 | 1985–2023 |
United States v. Ruiz
green
1 sentence2023Moreover, the post-conviction court found that Mr. Blake “failed to show that, even if trial counsel was deficient in preparation, that this deficiency had an adverse effect on the defense.” With respect to the claim that the State violated Mr. Blake’s due process rights by failing to disclose information allegedly relevant to Officer Laronde’s credibility, the post- conviction court relied upon United States v. Ruiz, 536 U.S. 622 (2002), in which the Supreme Court held that a defendant’s entitlement to disclosure of exculpatory and impeachment information under Brady v. Maryland and its proge | 1 | 2023–2023 |
Austin v. State
green
2 sentences1995The Court held that “it was the action of the trial court as the result of the conflict which caused an adverse effect in defense counsel’s representation.” Id. at 394 , 609 A.2d 728 . 1995The Court held that “it was the action of the trial court as the result of the conflict which caused an adverse effect in defense counsel’s representation.” Id. at 394 , 609 A.2d 728 . | 1 | 1995–1995 |
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.