impeachment exception (Maryland) · Go Syfert
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impeachment exception in Maryland

11 Maryland opinions name it 2 courts 1972–2021 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 (8)

CaseFollowedCited
Price v. Stategreen
md · 2003 · cited in 1 Maryland opinions naming this issue, 2016–2016
2 sentences

2016Res., 385 Md. 563, 576-77 , 870 A.2d 186, 193 (2005) (quoting Price v. State, 378 Md. 378, 387 , 835 A.2d 1221, 1226 (2003)).

2016Res., 385 Md. 563, 576-77 , 870 A.2d 186, 193 (2005) (quoting Price v. State, 378 Md. 378, 387 , 835 A.2d 1221, 1226 (2003)).

11
Kushell v. Department of Natural Resourcesgreen
md · 2005 · cited in 1 Maryland opinions naming this issue, 2016–2016
2 sentences

2016Res., 385 Md. 563, 576-77 , 870 A.2d 186, 193 (2005) (quoting Price v. State, 378 Md. 378, 387 , 835 A.2d 1221, 1226 (2003)).

2016Res., 385 Md. 563, 576-77 , 870 A.2d 186, 193 (2005) (quoting Price v. State, 378 Md. 378, 387 , 835 A.2d 1221, 1226 (2003)).

11
State v. Kiddgreen
md · 1977 · cited in 1 Maryland opinions naming this issue, 2003–2003
1 sentence

2003The prosecution is not permitted to use tainted evidence to impeach an issue which it first solicited on cross-examination.”); see also id. at 49, 375 A.2d 1105 (“We also construe Harris and Hass as limiting the impeachment exception to the specific credibility of the defendant on matters as to which there is a contradiction between his testimony and *342 the impeaching statement.

11
Robert PROBUS and Geneva Probus, Plaintiffs-Appellants, v. K-MART, INC., and Keller Industries, Inc., Defendants-Appelleesgreen
ca7 · 1986 · cited in 1 Maryland opinions naming this issue, 1997–1997
1 sentence

1997See Probus v. K-Mart, Inc., 794 F.2d 1207 (7th Cir.1986); Public Service Co. v. Bath Iron Works Corp., 773 F.2d 783 (7th Cir.1985).

11
cluster 708248green
ca11 · 1995 · cited in 1 Maryland opinions naming this issue, 1996–1996
1 sentence

1996See, e.g., Wood v. Morbark Indus., Inc., 70 F.3d 1201 , 1207-1208 (11th Cir.1995); Harrison v. Sears, Roebuck & Co., 981 F.2d 25, 31-32 (1st Cir.1992); Kelly v. Crown Equipment Co., 970 F.2d 1273 (3rd Cir.1992); Flaminio, 733 F.2d at 468 .

11
Benjamin Harrison and Rosalind Harrison v. Sears, Roebuck and Company and Emerson Electric Companygreen
ca1 · 1992 · cited in 1 Maryland opinions naming this issue, 1996–1996
1 sentence

1996See, e.g., Wood v. Morbark Indus., Inc., 70 F.3d 1201 , 1207-1208 (11th Cir.1995); Harrison v. Sears, Roebuck & Co., 981 F.2d 25, 31-32 (1st Cir.1992); Kelly v. Crown Equipment Co., 970 F.2d 1273 (3rd Cir.1992); Flaminio, 733 F.2d at 468 .

11
Matter of Alexandergreen
mdctspecapp · 1972 · cited in 1 Maryland opinions naming this issue, 1988–1988
2 sentences

1988See In re Alexander, 16 Md.App. 416, 418 , 297 A.2d 301, 302 (1972) (“This impeachment rule itself arose in substantial amelioration of the former common law rule barring as a witness any person convicted of an infamous crime.”); see generally McCormick on Evidence § 43, at 93 (E.

1988See In re Alexander, 16 Md.App. 416, 418 , 297 A.2d 301, 302 (1972) (“This impeachment rule itself arose in substantial amelioration of the former common law rule barring as a witness any person convicted of an infamous crime.”); see generally McCormick on Evidence § 43, at 93 (E.

11
Burgess v. Stategreen
md · 1931 · cited in 1 Maryland opinions naming this issue, 1972–1972
1 sentence

1972In Burgess v. State, 16 Md. 162 , 169, 155 A. 153, 156 (1931), it was stated: “It is established in this State that in criminal cases, where the defendant is a witness in his own behalf, he thereby puts his character in issue, and may be asked on cross-examination if he has been convicted of crime.” This impeachment rule itself arose in substantial amelioration of the former common law rule barring as a witness any person convicted of infamous crime.

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 (11)

CaseCitedYears
Pena-Rodriguez v. Colorado green
scotus · 2017
1 sentence

2021Distinct from other sorts of troubling behavior, “racial bias implicates unique historical, constitutional, and institutional concerns” such that barring corrective action through the impeachment rule “would risk systemic injury to the administration of justice.” Id.

12021–2021
Porter v. State green
md · 2017
2 sentences

2018Did the Court of Special Appeals misapply the harmless error standard, as recently reiterated by this Court in Porter v. State , 455 Md. 220 , 166 A.3d 1044 (2017), in finding that the trial court's errors in permitting the impeachment of a defense witness was harmless beyond a reasonable doubt?

2018Did the Court of Special Appeals misapply the harmless error standard, as recently reiterated by this Court in Porter v. State , 455 Md. 220 , 166 A.3d 1044 (2017), in finding that the trial court's errors in permitting the impeachment of a defense witness was harmless beyond a reasonable doubt?

12018–2018
Watson v. State green
md · 1988
1 sentence

2000Watson was decided on the same day as Prout , and in Watson the Court said that attempted rape was not a felony at common law or a crimen falsi, and thus was not an “infamous crime.” 311 Md. at 375, 535 A.2d 455 .

12000–2000
Phar-Mor, Inc. v. Goff green
ala · 1992
1 sentence

1997Because, the court said, the exception was created "to protect a plaintiff from an aggressive defendant attempting to manipulate the exclusionary nature of the rule for his own advantage, it follows that a plaintiff who is on the offensive should not be allowed to manipulate the impeachment exception in order to introduce evidence for purposes otherwise inadmissible.” Id.

11997–1997
Public Service Company of Indiana, Inc., and Riley Stoker Corporation, Cross-Appellees v. Bath Iron Works Corporation, Cross-Appellant green
ca7 · 1985
1 sentence

1997See Probus v. K-Mart, Inc., 794 F.2d 1207 (7th Cir.1986); Public Service Co. v. Bath Iron Works Corp., 773 F.2d 783 (7th Cir.1985).

11997–1997
Forrest A. Flaminio and Gloria Flaminio v. Honda Motor Company, Ltd., a Japanese Corporation green
ca7 · 1984
1 sentence

1996See, e.g., Wood v. Morbark Indus., Inc., 70 F.3d 1201 , 1207-1208 (11th Cir.1995); Harrison v. Sears, Roebuck & Co., 981 F.2d 25, 31-32 (1st Cir.1992); Kelly v. Crown Equipment Co., 970 F.2d 1273 (3rd Cir.1992); Flaminio, 733 F.2d at 468 .

11996–1996
Joseph Kelly and Cynthia Kelly v. Crown Equipment Company green
ca3 · 1992
1 sentence

1996See, e.g., Wood v. Morbark Indus., Inc., 70 F.3d 1201 , 1207-1208 (11th Cir.1995); Harrison v. Sears, Roebuck & Co., 981 F.2d 25, 31-32 (1st Cir.1992); Kelly v. Crown Equipment Co., 970 F.2d 1273 (3rd Cir.1992); Flaminio, 733 F.2d at 468 .

11996–1996
Braxton v. State green
mdctspecapp · 1971
2 sentences

1983The appellant seeks solace in dicta found in Braxton v. State, 11 Md.App. 435, 439 , 274 A.2d 647 (1971): "As distinguished from the limited concept of character within the impeachment rule as relating only to credibility, a defendant may always offer evidence of his good character and to prove that his character was such as to make it unlikely that he would have committed the act charged against him.

1983The appellant seeks solace in dicta found in Braxton v. State, 11 Md.App. 435, 439 , 274 A.2d 647 (1971): "As distinguished from the limited concept of character within the impeachment rule as relating only to credibility, a defendant may always offer evidence of his good character and to prove that his character was such as to make it unlikely that he would have committed the act charged against him.

11983–1983
Spencer v. Texas green
scotus · 1966
1 sentence

1979This Court, relying heavily on Spencer v. Texas, supra, rejected a variety of Constitutional challenges to the impeachment rule in Nance v. State, 7 Md.

11979–1979
Nance v. Maryland green
scotus · 1970
1 sentence

1979App. 433 (1969), cert. den., *154 256 Md. 747 (1970), cert. den., 398 U. S. 954 (1970).

11979–1979
Nance v. State green
mdctspecapp · 1969
1 sentence

1979This Court, relying heavily on Spencer v. Texas, supra, rejected a variety of Constitutional challenges to the impeachment rule in Nance v. State, 7 Md.

11979–1979

Where else courts name it

IL 17 (1982–2026) PA 17 (1988–2026) CA 15 (1953–2021) MS 13 (1992–2016) MD 11 (1972–2021) CO 11 (1978–2025) WI 10 (1978–2025) IA 9 (1980–2024) MI 9 (1973–2023) NJ 7 (1996–2026) TX 7 (1979–2024) FL 7 (1982–2025) CT 6 (2001–2025) GA 6 (1996–2015) DC 5 (1983–2018) NY 5 (1975–1998) WV 5 (1979–2018) UT 4 (2005–2021) NM 4 (1935–2004) AZ 4 (1976–2010) MN 4 (1980–2017) NC 4 (1978–2020) AL 4 (1992–2022) NV 3 (1991–2017) OK 3 (1999–2017) SD 3 (1994–2012) TN 3 (1982–2022) NH 2 (2000–2016) MA 2 (2015–2015) MT 2 (1979–2011) VT 2 (1977–2008) IN 2 (1972–2003) SC 2 (2005–2025)

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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