Supreme Court began analysis (Maryland) · Go Syfert
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Supreme Court began analysis in Maryland

11 Maryland opinions name it 2 courts 1987–2024 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
Davis v. United Statesgreen
scotus · 1994 · cited in 1 Maryland opinions naming this issue, 2011–2011
2 sentences

2011The Supreme Court began its analysis by noting that the applicability of the “prophylactic rule” of Edwards “requires courts to ‘determine whether the accused actually invoked his right to counsel.’ ” 512 U.S. at 548 , 114 S.Ct. 2396 (emphasis in original), quoting in part Smith v. Illinois, 469 U.S. 91, 95 , 105 S.Ct. 490 , 83 L.Ed.2d 488 (1984).

2011The inquiry, the Supreme Court held, is an objective one and “the suspect must unambiguously request counsel.” 512 U.S. at 459, 114 S.Ct. 2350 .

11
Pilot Life Insurance v. Dedeauxgreen
scotus · 1987 · cited in 1 Maryland opinions naming this issue, 2002–2002
2 sentences

2002Co. v. Dedeaux, 481 U.S. 41, 50 , 107 S.Ct. 1549, 1554 , 95 L.Ed.2d 39, 49 (1987).

2002Co. v. Dedeaux, 481 U.S. 41, 50 , 107 S.Ct. 1549, 1554 , 95 L.Ed.2d 39, 49 (1987).

11
Arizona v. Washingtongreen
scotus · 1978 · cited in 1 Maryland opinions naming this issue, 1989–1989
2 sentences

1989The Supreme Court began its analysis “from the premise that defense counsel’s comment was improper and may have affected the impartiality of the jury.” 434 U.S. at 511 , 98 S.Ct. at 833 (emphasis supplied).

1989The Supreme Court began its analysis “from the premise that defense counsel’s comment was improper and may have affected the impartiality of the jury.” 434 U.S. at 511 , 98 S.Ct. at 833 (emphasis supplied).

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 (13)

CaseCitedYears
Food Marketing Institute v. Argus Leader Media green
scotus · 2019
1 sentence

2024That exemption, the Court said, “shields from mandatory disclosure ‘commercial or financial information obtained from a person and privileged or confidential.’” Id. at 433 .

12024–2024
San Diego Building Trades Council v. Garmon green
scotus · 1959
2 sentences

2017The Supreme Court began its analysis by quoting the general rule of NLRA preemption: “When an activity is arguably subject to § 7 or § 8 of the [NLRA], the States as well as the federal courts must defer to the exclusive competence of the [NLRB] if the danger of state interference with national policy is to be averted.” Id. at 187-88, 98 S.Ct. 1745 (quoting Garmon, 359 U.S. at 245 , 79 S.Ct. 773 ).

2017The Supreme Court began its analysis by quoting the general rule of NLRA preemption: “When an activity is arguably subject to § 7 or § 8 of the [NLRA], the States as well as the federal courts must defer to the exclusive competence of the [NLRB] if the danger of state interference with national policy is to be averted.” Id. at 187-88, 98 S.Ct. 1745 (quoting Garmon, 359 U.S. at 245 , 79 S.Ct. 773 ).

12017–2017
Sears, Roebuck & Co. v. San Diego County District Council of Carpenters green
scotus · 1978
1 sentence

2017The Supreme Court began its analysis by quoting the general rule of NLRA preemption: “When an activity is arguably subject to § 7 or § 8 of the [NLRA], the States as well as the federal courts must defer to the exclusive competence of the [NLRB] if the danger of state interference with national policy is to be averted.” Id. at 187-88, 98 S.Ct. 1745 (quoting Garmon, 359 U.S. at 245 , 79 S.Ct. 773 ).

12017–2017
Anderson v. Celebrezze green
scotus · 1983
2 sentences

2012The Supreme Court began its analysis of the constitutionality of the challenged statute by noting that there is no “litmus-paper test that will separate valid from invalid restrictions.” Anderson, 460 U.S. at 789 , 103 S.Ct. at 1570 , 75 L.Ed.2d at 558 .

2012The Supreme Court began its analysis of the constitutionality of the challenged statute by noting that there is no “litmus-paper test that will separate valid from invalid restrictions.” Anderson, 460 U.S. at 789 , 103 S.Ct. at 1570 , 75 L.Ed.2d at 558 .

12012–2012
Consolidated Rail Corporation v. Gottshall green
scotus · 1994
1 sentence

2011The Supreme Court began its analysis by noting that the applicability of the “prophylactic rule” of Edwards “requires courts to ‘determine whether the accused actually invoked his right to counsel.’ ” 512 U.S. at 548 , 114 S.Ct. 2396 (emphasis in original), quoting in part Smith v. Illinois, 469 U.S. 91, 95 , 105 S.Ct. 490 , 83 L.Ed.2d 488 (1984).

12011–2011
Smith v. Illinois green
scotus · 1984
2 sentences

2011The Supreme Court began its analysis by noting that the applicability of the “prophylactic rule” of Edwards “requires courts to ‘determine whether the accused actually invoked his right to counsel.’ ” 512 U.S. at 548 , 114 S.Ct. 2396 (emphasis in original), quoting in part Smith v. Illinois, 469 U.S. 91, 95 , 105 S.Ct. 490 , 83 L.Ed.2d 488 (1984).

2011The Supreme Court began its analysis by noting that the applicability of the “prophylactic rule” of Edwards “requires courts to ‘determine whether the accused actually invoked his right to counsel.’ ” 512 U.S. at 548 , 114 S.Ct. 2396 (emphasis in original), quoting in part Smith v. Illinois, 469 U.S. 91, 95 , 105 S.Ct. 490 , 83 L.Ed.2d 488 (1984).

12011–2011
Tenney v. Brandhove green
scotus · 1951
2 sentences

1999The Supreme Court began its analysis by drawing from Tenney v. Brandhove, supra, 341 U.S. 367 , 71 S.Ct. 783 , 95 L.Ed. 1019—the case establishing absolute immunity for legislators as to claims under § 1983—the principle that § 1983 was to be read “in harmony with general principles of tort immunities and defenses rather than in derogation of them.” Id. at 418, 96 S.Ct. at 989 , 47 L.Ed.2d at 136 . *767 After determining that, at common law, prosecutors enjoyed an absolute immunity from civil liability with respect to their prosecutorial conduct, the Court observed that “[t]he common-law immun

1999The Supreme Court began its analysis by drawing from Tenney v. Brandhove, supra, 341 U.S. 367 , 71 S.Ct. 783 , 95 L.Ed. 1019—the case establishing absolute immunity for legislators as to claims under § 1983—the principle that § 1983 was to be read “in harmony with general principles of tort immunities and defenses rather than in derogation of them.” Id. at 418, 96 S.Ct. at 989 , 47 L.Ed.2d at 136 . *767 After determining that, at common law, prosecutors enjoyed an absolute immunity from civil liability with respect to their prosecutorial conduct, the Court observed that “[t]he common-law immun

11999–1999
Imbler v. Pachtman green
scotus · 1976
2 sentences

1999The Supreme Court began its analysis by drawing from Tenney v. Brandhove, supra, 341 U.S. 367 , 71 S.Ct. 783 , 95 L.Ed. 1019—the case establishing absolute immunity for legislators as to claims under § 1983—the principle that § 1983 was to be read “in harmony with general principles of tort immunities and defenses rather than in derogation of them.” Id. at 418, 96 S.Ct. at 989 , 47 L.Ed.2d at 136 . *767 After determining that, at common law, prosecutors enjoyed an absolute immunity from civil liability with respect to their prosecutorial conduct, the Court observed that “[t]he common-law immun

1999The Supreme Court began its analysis by drawing from Tenney v. Brandhove, supra, 341 U.S. 367 , 71 S.Ct. 783 , 95 L.Ed. 1019—the case establishing absolute immunity for legislators as to claims under § 1983—the principle that § 1983 was to be read “in harmony with general principles of tort immunities and defenses rather than in derogation of them.” Id. at 418, 96 S.Ct. at 989 , 47 L.Ed.2d at 136 . *767 After determining that, at common law, prosecutors enjoyed an absolute immunity from civil liability with respect to their prosecutorial conduct, the Court observed that “[t]he common-law immun

11999–1999
Burns v. Reed green
scotus · 1991
2 sentences

1997The Supreme Court began its analysis by squarely allocating the burden of persuasion to the prosecutor to show entitlement to immunity, function by function: These decisions have also emphasized that the official seeking absolute immunity bears the burden of showing that such immunity is justified for the function in question. 500 U.S. at 486 , 111 S.Ct. at 1939 .

1997The Supreme Court began its analysis by squarely allocating the burden of persuasion to the prosecutor to show entitlement to immunity, function by function: These decisions have also emphasized that the official seeking absolute immunity bears the burden of showing that such immunity is justified for the function in question. 500 U.S. at 486 , 111 S.Ct. at 1939 .

11997–1997
Ladner v. United States green
scotus · 1958
2 sentences

1994The Court’s opinion in Ladner v. United States, 358 U.S. 169, 178 , 3 L.Ed.2d 199 , 79 S.Ct. 209 [214] (1958), states the rule: “This policy of lenity means that the Court will not interpret a federal criminal statute so as to increase the penalty that it places on an individual when such an interpretation, can be based on no more than a guess as to what Congress intended.” (citations omitted) (emphasis supplied). 447 U.S. at 387 , 100 S.Ct. at 2252 .

1994The Court’s opinion in Ladner v. United States, 358 U.S. 169, 178 , 3 L.Ed.2d 199 , 79 S.Ct. 209 [214] (1958), states the rule: “This policy of lenity means that the Court will not interpret a federal criminal statute so as to increase the penalty that it places on an individual when such an interpretation, can be based on no more than a guess as to what Congress intended.” (citations omitted) (emphasis supplied). 447 U.S. at 387 , 100 S.Ct. at 2252 .

11994–1994
Bifulco v. United States green
scotus · 1980
2 sentences

1994The Court’s opinion in Ladner v. United States, 358 U.S. 169, 178 , 3 L.Ed.2d 199 , 79 S.Ct. 209 [214] (1958), states the rule: “This policy of lenity means that the Court will not interpret a federal criminal statute so as to increase the penalty that it places on an individual when such an interpretation, can be based on no more than a guess as to what Congress intended.” (citations omitted) (emphasis supplied). 447 U.S. at 387 , 100 S.Ct. at 2252 .

1994The Court’s opinion in Ladner v. United States, 358 U.S. 169, 178 , 3 L.Ed.2d 199 , 79 S.Ct. 209 [214] (1958), states the rule: “This policy of lenity means that the Court will not interpret a federal criminal statute so as to increase the penalty that it places on an individual when such an interpretation, can be based on no more than a guess as to what Congress intended.” (citations omitted) (emphasis supplied). 447 U.S. at 387 , 100 S.Ct. at 2252 .

11994–1994
Oregon v. Kennedy green
scotus · 1982
2 sentences

1993The Supreme Court began its analysis by noting that “even where the defendant moves for a mistrial, there is a narrow exception to the rule that the Double Jeopardy Clause is no bar to retrial.” Kennedy, 456 U.S. at 678 , 102 S.Ct. at 2088 .

1993The Supreme Court began its analysis by noting that “even where the defendant moves for a mistrial, there is a narrow exception to the rule that the Double Jeopardy Clause is no bar to retrial.” Kennedy, 456 U.S. at 678 , 102 S.Ct. at 2088 .

11993–1993
M'culloch v. State of Maryland green
· 1819
1 sentence

1987The Supreme Court began its analysis by reviewing M’Culloch v. Maryland, 17 U.S. (4 Wheat) 316, 4 L.Ed. 579 (1819), the seminal case on intergovernmental tax immunity.

11987–1987

Where else courts name it

CA 34 (1969–2026) IL 30 (1975–2026) FL 13 (1984–2018) MD 11 (1987–2024) TX 9 (1988–2020) MI 9 (1993–2025) OR 9 (2006–2022) PA 8 (1991–2024) MN 7 (2008–2024) TN 6 (2001–2016) LA 5 (1993–2010) KS 5 (1985–2006) MS 5 (2007–2025) NJ 4 (1997–2017) ID 4 (1986–2024) WI 4 (1995–2024) OH 3 (1998–2020) WA 3 (2014–2025) NC 2 (1998–2014) UT 2 (1995–2011) VA 2 (2009–2015) IA 2 (1988–1995) CO 2 (1992–2025) SC 2 (2011–2013) MO 2 (2014–2014) NH 2 (1989–2013) SD 2 (2005–2011)

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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