party claiming error (Maryland) · Go Syfert
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party claiming error in Maryland

11 Maryland opinions name it 2 courts 1964–2026 2 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 (6)

CaseFollowedCited
Fisher v. Stategreen
mdctspecapp · 1999 · cited in 4 Maryland opinions naming this issue, 2003–2013
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)).

34
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
Rowan County v. Sloasgreen
ky · 2006 · cited in 1 Maryland opinions naming this issue, 2026–2026
1 sentence

2026And the Supreme Court of Kentucky has found that immunity entitles the State to be free “from the burdens of defending the action, not merely . . . from liability,” Rowan County v. Sloas, 201 S.W.3d 469, 474 (Ky. 2006), so “[o]bviously such an entitlement [to sovereign immunity] cannot be vindicated following a final judgment for by then the party claiming immunity has already borne the costs and burdens of defending the action[,]” Breathitt County Bd. of Educ. v. Prater, 292 S.W.3d 883, 886-87 (Ky. 2009).

11
Breathitt County Board of Education v. Pratergreen
ky · 2009 · cited in 1 Maryland opinions naming this issue, 2026–2026
1 sentence

2026And the Supreme Court of Kentucky has found that immunity entitles the State to be free “from the burdens of defending the action, not merely . . . from liability,” Rowan County v. Sloas, 201 S.W.3d 469, 474 (Ky. 2006), so “[o]bviously such an entitlement [to sovereign immunity] cannot be vindicated following a final judgment for by then the party claiming immunity has already borne the costs and burdens of defending the action[,]” Breathitt County Bd. of Educ. v. Prater, 292 S.W.3d 883, 886-87 (Ky. 2009).

11
Handmaker v. Henneygreen
nm · 1999 · cited in 1 Maryland opinions naming this issue, 2026–2026
1 sentence

2026The Supreme Court of New Mexico has stated that sovereign immunity “protects the important governmental interest of avoiding the burdens of a trial on the merits and that this interest will otherwise evade meaningful appellate review absent application of the collateral order doctrine.” Handmaker v. Henney, 992 P.2d 879, 884 (N.M. 1999); see also Washington Metro.

11
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

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
Kelch v. Mass Transit Administration green
md · 1980
2 sentences

2015In E.I. du Pont de Nemours & Co. v. Formar-Pack, Inc., the Court of Appeals recognized that, like the attorney-client privilege, “the party claiming the privilege bears the burden ‘to substantiate its non-discovery assertion by a preponderance of the evidence[.]’ ” 351 Md. at 409 , 718 A.2d 1129 (quoting Kelch v. Mass Transit Admin., 287 Md. 223, 229 , 411 A.2d 449 (1980)).

2015In E.I. du Pont de Nemours & Co. v. Formar-Pack, Inc., the Court of Appeals recognized that, like the attorney-client privilege, “the party claiming the privilege bears the burden ‘to substantiate its non-discovery assertion by a preponderance of the evidence[.]’ ” 351 Md. at 409 , 718 A.2d 1129 (quoting Kelch v. Mass Transit Admin., 287 Md. 223, 229 , 411 A.2d 449 (1980)).

21998–2015
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
E.I. Du Pont De Nemours & Co. v. Forma-Pack, Inc. green
md · 1998
2 sentences

2015In E.I. du Pont de Nemours & Co. v. Formar-Pack, Inc., the Court of Appeals recognized that, like the attorney-client privilege, “the party claiming the privilege bears the burden ‘to substantiate its non-discovery assertion by a preponderance of the evidence[.]’ ” 351 Md. at 409 , 718 A.2d 1129 (quoting Kelch v. Mass Transit Admin., 287 Md. 223, 229 , 411 A.2d 449 (1980)).

2015In E.I. du Pont de Nemours & Co. v. Formar-Pack, Inc., the Court of Appeals recognized that, like the attorney-client privilege, “the party claiming the privilege bears the burden ‘to substantiate its non-discovery assertion by a preponderance of the evidence[.]’ ” 351 Md. at 409 , 718 A.2d 1129 (quoting Kelch v. Mass Transit Admin., 287 Md. 223, 229 , 411 A.2d 449 (1980)).

12015–2015
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
United States v. Eloy Joseph Romero and Ralph John Visconti green
ca2 · 1957
2 sentences

1964The same was true in Romero v. United States, 249 F.2d 371 (C.A., 2d), which was cited with approval in Reina, along with 8 Wigmore, Evidence (3rd ed. 1940), § 2279.

1964The same was true in Romero v. United States, 249 F. 2d 371 (C.

11964–1964

Where else courts name it

CA 241 (1950–2026) NM 180 (1965–2026) WY 127 (1982–2026) TX 114 (1929–2026) WA 112 (1983–2026) OH 87 (1974–2026) IL 80 (1934–2026) KS 63 (1987–2026) CT 60 (1979–2025) NY 47 (1872–2025) PA 42 (1946–2026) LA 37 (1990–2026) FL 32 (1930–2026) GA 30 (1978–2024) KY 29 (2004–2026) IN 29 (1889–2025) MO 27 (1889–2025) CO 24 (1921–2025) VT 23 (1984–2026) SD 23 (1987–2018) IA 22 (1864–2026) SC 19 (1992–2019) TN 18 (1990–2026) MA 15 (1980–2023) MN 15 (1985–2017) OR 14 (1982–2023) AZ 13 (1985–2025) MS 13 (2000–2022) ID 12 (1967–2025) DE 12 (1992–2025) NJ 12 (1989–2024) MI 11 (1973–2022) MD 11 (1964–2026) AL 10 (1970–2023) WI 10 (1957–2025) UT 10 (1987–2024) NC 7 (1907–2016) MT 7 (1919–2000) RI 6 (2004–2010) ND 5 (1974–2022) NV 4 (2010–2021) AK 4 (1973–2025) ME 4 (1978–2023) DC 4 (1986–2009) NH 3 (1998–2014) VA 3 (1996–2025) WV 3 (1992–2024) HI 3 (2014–2023) AR 2 (1983–2007)

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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