burden of rebutting presumption (Maryland) · Go Syfert
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burden of rebutting presumption in Maryland

11 Maryland opinions name it 2 courts 1990–2023 1 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 (5)

CaseFollowedCited
State v. Chaneygreen
md · 2003 · cited in 6 Maryland opinions naming this issue, 2006–2023
2 sentences

2013Indeed, we have recognized that “ ‘[t]he most fundamental principle of appellate review [ ] is that the action of a trial court is presumed to have been correct and the burden of rebutting that presumption is on the party claiming the error first to allege some error and then to persuade us that the error occurred.’ ” Chaney, 375 Md. at 183-84 , 825 A.2d at 461 (quoting Fisher v. State, 128 Md.App. 79, 104 , 736 A.2d 1125, 1138-39 (1999)).

2013Indeed, we have recognized that “ ‘[t]he most fundamental principle of appellate review [ ] is that the action of a trial court is presumed to have been correct and the burden of rebutting that presumption is on the party claiming the error first to allege some error and then to persuade us that the error occurred.’ ” Chaney, 375 Md. at 183-84 , 825 A.2d at 461 (quoting Fisher v. State, 128 Md.App. 79, 104 , 736 A.2d 1125, 1138-39 (1999)).

26
Fisher v. Stategreen
mdctspecapp · 1999 · cited in 3 Maryland opinions naming this issue, 2006–2013
2 sentences

2013Indeed, we have recognized that “ ‘[t]he most fundamental principle of appellate review [ ] is that the action of a trial court is presumed to have been correct and the burden of rebutting that presumption is on the party claiming the error first to allege some error and then to persuade us that the error occurred.’ ” Chaney, 375 Md. at 183-84 , 825 A.2d at 461 (quoting Fisher v. State, 128 Md.App. 79, 104 , 736 A.2d 1125, 1138-39 (1999)).

2013Indeed, we have recognized that “ ‘[t]he most fundamental principle of appellate review [ ] is that the action of a trial court is presumed to have been correct and the burden of rebutting that presumption is on the party claiming the error first to allege some error and then to persuade us that the error occurred.’ ” Chaney, 375 Md. at 183-84 , 825 A.2d at 461 (quoting Fisher v. State, 128 Md.App. 79, 104 , 736 A.2d 1125, 1138-39 (1999)).

23
White v. Pines Community Improvement Ass'ngreen
mdctspecapp · 2007 · cited in 1 Maryland opinions naming this issue, 2023–2023
1 sentence

2023Selective Way insists that the defendants owe contribution with respect to “these joint undertakings,” which, according to Selective Way, resulted in “common costs and obligations.” On this issue, Selective Way’s entire argument amounts to little more than an expression of disagreement. “‘The most fundamental principle of appellate review [] is that the action of a trial court is presumed to have been correct and the burden of rebutting that presumption is on the party claiming error first to allege some error and then to persuade us that that error occurred.’” White v. Pines Cmty. Improvement

11
Paulino v. Stategreen
md · 2007 · cited in 1 Maryland opinions naming this issue, 2019–2019
2 sentences

2019See id. at 348 , 924 A.2d 308 .

2019See id. at 348 , 924 A.2d 308 .

11
Alcazar v. Hayesgreen
tenn · 1998 · cited in 1 Maryland opinions naming this issue, 2005–2005
1 sentence

2005See Alcazar, 982 S.W.2d at 854 .

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 (7)

CaseCitedYears
White v. Pines Community Improvement Ass'n green
md · 2008
1 sentence

2023App. 13, 50 (2007) (quoting State v. Chaney, 375 Md. 168, 183-84 (2003)), aff’d in part, rev’d in part on other grounds, 403 Md. 13 (2008).

12023–2023
Bender v. Schwartz green
mdctspecapp · 2007
2 sentences

2014Mona, 176 Md.App. at 696 , 934 A.2d 450 (citing Bender v. Schwartz, 172 Md.App. 648, 667 , 917 A.2d 142 (2007)); see also James J.

2014Mona, 176 Md.App. at 696 , 934 A.2d 450 (citing Bender v. Schwartz, 172 Md.App. 648, 667 , 917 A.2d 142 (2007)); see also James J.

12014–2014
Mona v. Mona Electric Group, Inc. green
mdctspecapp · 2007
2 sentences

2014Mona, 176 Md.App. at 696 , 934 A.2d 450 (citing Bender v. Schwartz, 172 Md.App. 648, 667 , 917 A.2d 142 (2007)); see also James J.

2014Mona, 176 Md.App. at 696 , 934 A.2d 450 (citing Bender v. Schwartz, 172 Md.App. 648, 667 , 917 A.2d 142 (2007)); see also James J.

12014–2014
Beales v. State green
md · 1993
2 sentences

2007“We also recognize that trial judges are not obliged to spell out in words every thought and step of logic.... ” Beales v. State, 329 Md. 263, 273 , 619 A.2d 105 (1993). “[T]he most fundamental principle of appellate review [ ] is that the action of a trial court is presumed to have been correct and the burden of rebutting that presumption is on the party claiming error first to allege some error and then to persuade us that that error occurred.” Chaney, 375 Md. at 183-84 , 825 A.2d 452 (quotations omitted).

2007“We also recognize that trial judges are not obliged to spell out in words every thought and step of logic.... ” Beales v. State, 329 Md. 263, 273 , 619 A.2d 105 (1993). “[T]he most fundamental principle of appellate review [ ] is that the action of a trial court is presumed to have been correct and the burden of rebutting that presumption is on the party claiming error first to allege some error and then to persuade us that that error occurred.” Chaney, 375 Md. at 183-84 , 825 A.2d 452 (quotations omitted).

12007–2007
Herbert v. State green
mdctspecapp · 2001
2 sentences

2004Herbert v. State, 136 Md.App. 458, 493-94 , 766 A.2d 190 (2001).

2004Herbert v. State, 136 Md.App. 458, 493-94 , 766 A.2d 190 (2001).

12004–2004
Milholland v. Whalen green
md · 1899
1 sentence

1990Milholland II, 89 Md. at 216, 43 A. 43 ; Coburn v. Shilling, 138 Md. at 199 , 113 A. 761 .

11990–1990
Coburn v. Shilling green
md · 1921
2 sentences

1990Milholland II, 89 Md. at 216, 43 A. 43 ; Coburn v. Shilling, 138 Md. at 199 , 113 A. 761 .

1990Milholland II, 89 Md. at 216, 43 A. 43 ; Coburn v. Shilling, 138 Md. at 199 , 113 A. 761 .

11990–1990

Where else courts name it

IL 341 (1851–2026) TX 190 (1938–2026) IN 91 (1913–2025) PA 62 (1925–2024) LA 48 (1973–2019) CA 47 (1865–2026) WA 47 (1918–2025) NY 46 (1922–2024) VA 45 (1924–2026) NC 37 (1893–2025) MO 35 (1908–2022) CT 31 (1934–2024) MN 30 (1927–2016) OH 29 (1978–2026) MI 27 (1978–2026) MS 26 (1985–2021) AL 20 (1891–2017) AR 20 (1982–2025) AZ 18 (1967–2026) WI 17 (1991–2025) FL 16 (1932–2019) GA 16 (1924–2019) NM 12 (1986–2026) CO 12 (1873–2020) ND 12 (1947–2020) DC 11 (1975–2024) NJ 11 (1954–2020) MD 11 (1990–2023) DE 11 (1962–2022) TN 10 (1980–2021) KY 7 (1955–2025) MT 7 (1990–1999) WV 6 (1983–2024) KS 5 (1977–2021) NV 5 (1990–2023) NE 5 (1903–2006) OR 5 (1952–2025) ID 5 (1986–2018) IA 5 (1925–2018) RI 3 (1979–2005) HI 3 (1983–2001) SC 3 (1941–2026) SD 3 (2002–2023) MA 2 (2003–2008) VT 2 (2015–2017) OK 2 (1953–1994) ME 2 (1998–2020)

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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