Hook exception (Maryland) · Go Syfert
← Maryland issues

Hook exception in Maryland

11 Maryland opinions name it 2 courts 1989–2023 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 (3)

CaseFollowedCited
Jackson v. Stategreen
md · 1991 · cited in 4 Maryland opinions naming this issue, 1992–2017
2 sentences

2017In Jackson, we explained that “the Hook principle is not so rare as the impression emitted by the Court of Special Appeals, and although by no means a common occurrence, it may be that it can be invoked to assure a fair trial more often than the Court of Special Appeals suggests.” Jackson v. State, 322 Md. 117, 128-29 , 586 A.2d 6, 11-12 (1991).

2017In Jackson, we explained that “the Hook principle is not so rare as the impression emitted by the Court of Special Appeals, and although by no means a common occurrence, it may be that it can be invoked to assure a fair trial more often than the Court of Special Appeals suggests.” Jackson v. State, 322 Md. 117, 128-29 , 586 A.2d 6, 11-12 (1991).

14
Burrell v. Stategreen
md · 1995 · cited in 3 Maryland opinions naming this issue, 1997–2017
2 sentences

2017We reasoned in Burrell that “[t]he Hook test balances the broad discretion of the State to nolle pros charges with the danger of an unfair jury verdict.” 340 Md. at 432 , 667 A.2d at 164 .

2017We reasoned in Burrell that “[t]he Hook test balances the broad discretion of the State to nolle pros charges with the danger of an unfair jury verdict.” 340 Md. at 432 , 667 A.2d at 164 .

13
Hook v. Stategreen
md · 1989 · cited in 1 Maryland opinions naming this issue, 2023–2023
1 sentence

2023Id. at 37.

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 (5)

CaseCitedYears
Fairbanks v. State green
md · 1989
2 sentences

2015The Hook exception was discussed and applied in Fairbanks v. State, 318 Md. 22 , 566 A.2d 764 (1989).

2015The Hook exception was discussed and applied in Fairbanks v. State, 318 Md. 22 , 566 A.2d 764 (1989).

41990–2015
Dean v. State green
md · 1992
2 sentences

2015In Dean v. State, 325 Md. 230 , 600 A.2d 409 (1992), the Court of Appeals considered whether to extend the Hook rule to a case involving a lesser related offense that was not a lesser included offense.

2015In Dean v. State, 325 Md. 230 , 600 A.2d 409 (1992), the Court of Appeals considered whether to extend the Hook rule to a case involving a lesser related offense that was not a lesser included offense.

21995–2015
State v. Bowers green
md · 1998
2 sentences

2003“The Hook rule is grounded in fairness, and designed ‘to prevent jurors from convicting a defendant of the greater offense when they want to convict the defendant of some crime and they have no lesser option.’ ” State v. Bowers, 349 Md. 710, 722 , 709 A.2d 1255 (1998).

2003“The Hook rule is grounded in fairness, and designed ‘to prevent jurors from convicting a defendant of the greater offense when they want to convict the defendant of some crime and they have no lesser option.’ ” State v. Bowers, 349 Md. 710, 722 , 709 A.2d 1255 (1998).

12003–2003
Blockburger v. United States green
scotus · 1931
2 sentences

1990Double Jeopardy The appellant argues that once a nolle pros is entered in the case as to any count, that represents an acquittal as to that offense and precludes any further and continuing jeopardy as to any other count that could be deemed “the same offense” according to Blockburger v. United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932).

1990Double Jeopardy The appellant argues that once a nolle pros is entered in the case as to any count, that represents an acquittal as to that offense and precludes any further and continuing jeopardy as to any other count that could be deemed “the same offense” according to Blockburger v. United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932).

11990–1990
Keeble v. United States green
scotus · 1973
2 sentences

1989In Keeble v. United States, 412 U.S. 205, 213 , 93 S.Ct. 1993, 1998 , 36 L.Ed.2d 844 (1973), the Court observed: Where one of the elements of the offense charged remains in doubt, but the defendant is plainly guilty of some offense, the jury is likely to resolve its doubts in favor of conviction. *39 The Court used as an example the case before it: In the case before us, for example, an intent to commit serious bodily injury is a necessaiy element of the crime with which petitioner was charged, but not of the crime of simple assault.

1989In Keeble v. United States, 412 U.S. 205, 213 , 93 S.Ct. 1993, 1998 , 36 L.Ed.2d 844 (1973), the Court observed: Where one of the elements of the offense charged remains in doubt, but the defendant is plainly guilty of some offense, the jury is likely to resolve its doubts in favor of conviction. *39 The Court used as an example the case before it: In the case before us, for example, an intent to commit serious bodily injury is a necessaiy element of the crime with which petitioner was charged, but not of the crime of simple assault.

11989–1989

Where else courts name it

MD 11 (1989–2023) WA 2 (2012–2012) IA 2 (2008–2008)

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.

← Caselaw search · G Cite Topics · Brief Check