error instruction in Maryland

10 Maryland opinions name it 2 courts 1978–2026 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)

Case	Followed	Cited
State v. Hutchinsongreen md · 1980 · cited in 2 Maryland opinions naming this issue, 1999–2011 2 sentences 2011The next step in the analysis requires that we consider whether the error was "plain" and "material" to Petitioner's right to a fair trial; that is, we must consider whether the error in the instruction lowered the burden of proof and thereby created error that was clear and "`fundamental to assure the defendant a fair trial.'" Miller, 380 Md. at 29 , 843 A.2d at 820 (quoting Hutchinson, 287 Md. at 203 , 411 A.2d at 1038 ). 2011The next step in the analysis requires that we consider whether the error was "plain" and "material" to Petitioner's right to a fair trial; that is, we must consider whether the error in the instruction lowered the burden of proof and thereby created error that was clear and "`fundamental to assure the defendant a fair trial.'" Miller, 380 Md. at 29 , 843 A.2d at 820 (quoting Hutchinson, 287 Md. at 203 , 411 A.2d at 1038 ).	1	2
State v. Wallacegreen md · 2002 · cited in 1 Maryland opinions naming this issue, 2026–2026 1 sentence 2026See State v. Wallace, 372 Md. 137, 144 (2002).	1	1
Nero v. Stategreen mdctspecapp · 2002 · cited in 1 Maryland opinions naming this issue, 2019–2019 1 sentence 2019Nero v. State , 144 Md.	1	1
Tyrone Jenkins v. Ronald Hutchinson, Warden of Maryland House of Correction Attorney General for the State of Marylandgreen ca4 · 2000 · cited in 1 Maryland opinions naming this issue, 2006–2006 1 sentence 2006Jenkins, 221 F.3d at 685 (citations omitted).	1	1
Richmond v. Stategreen md · 1993 · cited in 1 Maryland opinions naming this issue, 1999–1999 2 sentences 1999But see the following cases involving the extraordinary circumstances necessary before an appellate court will review a trial court's erroneous instructions under the plain error rule: Richmond v. State, 330 Md. 223, 237 , 623 A.2d 630, 636 (1993)(failure to instruct jury that prosecution was required to prove specific intent plain error; concluding that "with reasonable certainty ... the error in the instruction resulted in a guilty verdict that otherwise would not have been rendered”); Franklin v. State, 319 Md. 116 , 571 A.2d 1208 (1990)(plain error injury instruction that specific intent t 1999But see the following cases involving the extraordinary circumstances necessary before an appellate court will review a trial court's erroneous instructions under the plain error rule: Richmond v. State, 330 Md. 223, 237 , 623 A.2d 630, 636 (1993)(failure to instruct jury that prosecution was required to prove specific intent plain error; concluding that "with reasonable certainty ... the error in the instruction resulted in a guilty verdict that otherwise would not have been rendered”); Franklin v. State, 319 Md. 116 , 571 A.2d 1208 (1990)(plain error injury instruction that specific intent t	1	1
Squire v. Stategreen md · 1977 · cited in 1 Maryland opinions naming this issue, 1999–1999 2 sentences 1999See also Squire v. State, 280 Md. 132 , 368 A.2d 1019 (1977)(change in constitutional law due to U.S. Supreme Court decision in Mullaney v. Wilbur, 421 U.S. 684 , 95 S.Ct. 1881 , 44 L.Ed.2d 508 (1975), required utilization of plain error doctrine to constitutionally deficient instruction); State v. Evans, 278 Md. 197 , 362 A.2d 629 (1976)(same); Stambaugh v. State, 30 Md.App. 707 , 353 A.2d 638 (1976)(same). . 1999See also Squire v. State, 280 Md. 132 , 368 A.2d 1019 (1977)(change in constitutional law due to U.S. Supreme Court decision in Mullaney v. Wilbur, 421 U.S. 684 , 95 S.Ct. 1881 , 44 L.Ed.2d 508 (1975), required utilization of plain error doctrine to constitutionally deficient instruction); State v. Evans, 278 Md. 197 , 362 A.2d 629 (1976)(same); Stambaugh v. State, 30 Md.App. 707 , 353 A.2d 638 (1976)(same). .	1	1
Mullaney v. Wilburgreen scotus · 1975 · cited in 1 Maryland opinions naming this issue, 1999–1999 2 sentences 1999See also Squire v. State, 280 Md. 132 , 368 A.2d 1019 (1977)(change in constitutional law due to U.S. Supreme Court decision in Mullaney v. Wilbur, 421 U.S. 684 , 95 S.Ct. 1881 , 44 L.Ed.2d 508 (1975), required utilization of plain error doctrine to constitutionally deficient instruction); State v. Evans, 278 Md. 197 , 362 A.2d 629 (1976)(same); Stambaugh v. State, 30 Md.App. 707 , 353 A.2d 638 (1976)(same). . 1999See also Squire v. State, 280 Md. 132 , 368 A.2d 1019 (1977)(change in constitutional law due to U.S. Supreme Court decision in Mullaney v. Wilbur, 421 U.S. 684 , 95 S.Ct. 1881 , 44 L.Ed.2d 508 (1975), required utilization of plain error doctrine to constitutionally deficient instruction); State v. Evans, 278 Md. 197 , 362 A.2d 629 (1976)(same); Stambaugh v. State, 30 Md.App. 707 , 353 A.2d 638 (1976)(same). .	1	1
State v. Mahoneygreen mdctspecapp · 1972 · cited in 1 Maryland opinions naming this issue, 1978–1978 1 sentence 1978Where the statute places the burden of showing “special circumstances” squarely on the petitioner, such general allegations are clearly inadequate. 3 Appellant finally contends that the failure of his attorney “to be aware of the error in the instruction deprived him of effective assistance of counsel.” 4 The test for competency, as applied in post conviction proceedings, is “whether, under all the circumstances of the particular case, counsel was so incompetent that the accused was not afforded genuine and effective legal representation.” State v. Mahoney, 16 Md.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (12)

Case	Cited	Years
Merritt v. State green md · 2001 2 sentences 2019We ultimately concluded in Merritt that "the result would be the same whether the denial of the motion for a new 321 trial is reviewed under an abuse of discretion standard or under an error standard." Id. at 31-32 , 785 A.2d at 765 . 347 Maryland appellate courts have applied the Merritt standard in various contexts since 2001. 2019We ultimately concluded in Merritt that "the result would be the same whether the denial of the motion for a new 321 trial is reviewed under an abuse of discretion standard or under an error standard." Id. at 31-32 , 785 A.2d at 765 . **347 Maryland appellate courts have applied the Merritt standard in various contexts since 2001.	3	2002–2019
Miller v. State green md · 2004 2 sentences 2011The next step in the analysis requires that we consider whether the error was "plain" and "material" to Petitioner's right to a fair trial; that is, we must consider whether the error in the instruction lowered the burden of proof and thereby created error that was clear and "`fundamental to assure the defendant a fair trial.'" Miller, 380 Md. at 29 , 843 A.2d at 820 (quoting Hutchinson, 287 Md. at 203 , 411 A.2d at 1038 ). 2011The next step in the analysis requires that we consider whether the error was "plain" and "material" to Petitioner's right to a fair trial; that is, we must consider whether the error in the instruction lowered the burden of proof and thereby created error that was clear and "`fundamental to assure the defendant a fair trial.'" Miller, 380 Md. at 29 , 843 A.2d at 820 (quoting Hutchinson, 287 Md. at 203 , 411 A.2d at 1038 ).	1	2011–2011
Yorke v. State green md · 1989 1 sentence 2005Yorke v. State, id., clearly conducted its review under an abuse of discretion standard and not under an error standard.	1	2005–2005
State v. Evans green md · 1976 2 sentences 1999See also Squire v. State, 280 Md. 132 , 368 A.2d 1019 (1977)(change in constitutional law due to U.S. Supreme Court decision in Mullaney v. Wilbur, 421 U.S. 684 , 95 S.Ct. 1881 , 44 L.Ed.2d 508 (1975), required utilization of plain error doctrine to constitutionally deficient instruction); State v. Evans, 278 Md. 197 , 362 A.2d 629 (1976)(same); Stambaugh v. State, 30 Md.App. 707 , 353 A.2d 638 (1976)(same). . 1999See also Squire v. State, 280 Md. 132 , 368 A.2d 1019 (1977)(change in constitutional law due to U.S. Supreme Court decision in Mullaney v. Wilbur, 421 U.S. 684 , 95 S.Ct. 1881 , 44 L.Ed.2d 508 (1975), required utilization of plain error doctrine to constitutionally deficient instruction); State v. Evans, 278 Md. 197 , 362 A.2d 629 (1976)(same); Stambaugh v. State, 30 Md.App. 707 , 353 A.2d 638 (1976)(same). .	1	1999–1999
Fowler v. State green mdctspecapp · 1969 2 sentences 1999But see the following cases involving the extraordinary circumstances necessary before an appellate court will review a trial court's erroneous instructions under the plain error rule: Richmond v. State, 330 Md. 223, 237 , 623 A.2d 630, 636 (1993)(failure to instruct jury that prosecution was required to prove specific intent plain error; concluding that "with reasonable certainty ... the error in the instruction resulted in a guilty verdict that otherwise would not have been rendered”); Franklin v. State, 319 Md. 116 , 571 A.2d 1208 (1990)(plain error injury instruction that specific intent t 1999But see the following cases involving the extraordinary circumstances necessary before an appellate court will review a trial court's erroneous instructions under the plain error rule: Richmond v. State, 330 Md. 223, 237 , 623 A.2d 630, 636 (1993)(failure to instruct jury that prosecution was required to prove specific intent plain error; concluding that "with reasonable certainty ... the error in the instruction resulted in a guilty verdict that otherwise would not have been rendered”); Franklin v. State, 319 Md. 116 , 571 A.2d 1208 (1990)(plain error injury instruction that specific intent t	1	1999–1999
Brooks v. State green mdctspecapp · 1986 2 sentences 1999But see the following cases involving the extraordinary circumstances necessary before an appellate court will review a trial court's erroneous instructions under the plain error rule: Richmond v. State, 330 Md. 223, 237 , 623 A.2d 630, 636 (1993)(failure to instruct jury that prosecution was required to prove specific intent plain error; concluding that "with reasonable certainty ... the error in the instruction resulted in a guilty verdict that otherwise would not have been rendered”); Franklin v. State, 319 Md. 116 , 571 A.2d 1208 (1990)(plain error injury instruction that specific intent t 1999But see the following cases involving the extraordinary circumstances necessary before an appellate court will review a trial court's erroneous instructions under the plain error rule: Richmond v. State, 330 Md. 223, 237 , 623 A.2d 630, 636 (1993)(failure to instruct jury that prosecution was required to prove specific intent plain error; concluding that "with reasonable certainty ... the error in the instruction resulted in a guilty verdict that otherwise would not have been rendered”); Franklin v. State, 319 Md. 116 , 571 A.2d 1208 (1990)(plain error injury instruction that specific intent t	1	1999–1999
Stambaugh v. State green mdctspecapp · 1976 2 sentences 1999See also Squire v. State, 280 Md. 132 , 368 A.2d 1019 (1977)(change in constitutional law due to U.S. Supreme Court decision in Mullaney v. Wilbur, 421 U.S. 684 , 95 S.Ct. 1881 , 44 L.Ed.2d 508 (1975), required utilization of plain error doctrine to constitutionally deficient instruction); State v. Evans, 278 Md. 197 , 362 A.2d 629 (1976)(same); Stambaugh v. State, 30 Md.App. 707 , 353 A.2d 638 (1976)(same). . 1999See also Squire v. State, 280 Md. 132 , 368 A.2d 1019 (1977)(change in constitutional law due to U.S. Supreme Court decision in Mullaney v. Wilbur, 421 U.S. 684 , 95 S.Ct. 1881 , 44 L.Ed.2d 508 (1975), required utilization of plain error doctrine to constitutionally deficient instruction); State v. Evans, 278 Md. 197 , 362 A.2d 629 (1976)(same); Stambaugh v. State, 30 Md.App. 707 , 353 A.2d 638 (1976)(same). .	1	1999–1999
Franklin v. State green md · 1990 2 sentences 1999But see the following cases involving the extraordinary circumstances necessary before an appellate court will review a trial court's erroneous instructions under the plain error rule: Richmond v. State, 330 Md. 223, 237 , 623 A.2d 630, 636 (1993)(failure to instruct jury that prosecution was required to prove specific intent plain error; concluding that "with reasonable certainty ... the error in the instruction resulted in a guilty verdict that otherwise would not have been rendered”); Franklin v. State, 319 Md. 116 , 571 A.2d 1208 (1990)(plain error injury instruction that specific intent t 1999But see the following cases involving the extraordinary circumstances necessary before an appellate court will review a trial court's erroneous instructions under the plain error rule: Richmond v. State, 330 Md. 223, 237 , 623 A.2d 630, 636 (1993)(failure to instruct jury that prosecution was required to prove specific intent plain error; concluding that "with reasonable certainty ... the error in the instruction resulted in a guilty verdict that otherwise would not have been rendered”); Franklin v. State, 319 Md. 116 , 571 A.2d 1208 (1990)(plain error injury instruction that specific intent t	1	1999–1999
Dempsey v. State green md · 1976 2 sentences 1995Id. at 151 , 355 A.2d at 463 , citing Robinson v. State, 249 Md. 200, 216-17 , 238 A.2d 875, 884-85 , cert. denied, 393 U.S. 928 , 89 S.Ct. 259 , 21 L.Ed.2d 265 (1968). 1995Id. at 151 , 355 A.2d at 463 , citing Robinson v. State, 249 Md. 200, 216-17 , 238 A.2d 875, 884-85 , cert. denied, 393 U.S. 928 , 89 S.Ct. 259 , 21 L.Ed.2d 265 (1968).	1	1995–1995
Robinson v. State green md · 1968 2 sentences 1995Id. at 151 , 355 A.2d at 463 , citing Robinson v. State, 249 Md. 200, 216-17 , 238 A.2d 875, 884-85 , cert. denied, 393 U.S. 928 , 89 S.Ct. 259 , 21 L.Ed.2d 265 (1968). 1995Id. at 151 , 355 A.2d at 463 , citing Robinson v. State, 249 Md. 200, 216-17 , 238 A.2d 875, 884-85 , cert. denied, 393 U.S. 928 , 89 S.Ct. 259 , 21 L.Ed.2d 265 (1968).	1	1995–1995
Ebbert v. Brenner green scotus · 1968 1 sentence 1995Id. at 151 , 355 A.2d at 463 , citing Robinson v. State, 249 Md. 200, 216-17 , 238 A.2d 875, 884-85 , cert. denied, 393 U.S. 928 , 89 S.Ct. 259 , 21 L.Ed.2d 265 (1968).	1	1995–1995
Bell v. Florida green scotus · 1968 1 sentence 1995Id. at 151 , 355 A.2d at 463 , citing Robinson v. State, 249 Md. 200, 216-17 , 238 A.2d 875, 884-85 , cert. denied, 393 U.S. 928 , 89 S.Ct. 259 , 21 L.Ed.2d 265 (1968).	1	1995–1995

Where else courts name it

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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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