fundamental principles presumption (Maryland) · Go Syfert
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fundamental principles presumption in Maryland

9 Maryland opinions name it 1 courts 2021–2024 9 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 (5)

CaseFollowedCited
Kazadi v. Stategreen
md · 2020 · cited in 9 Maryland opinions naming this issue, 2021–2024
2 sentences

2024When the trial court made this ruling, we had not yet decided Kazadi v. State, 467 Md. 1 (2020), which held that “on request, during voir dire, a trial court must ask whether any prospective jurors are unwilling or unable to comply with the jury instructions on the fundamental principles of presumption of innocence, the State’s burden of proof, and the defendant’s right not to testify.” Jordan, 480 Md. at 493 , 505 (quoting Kazadi, 467 Md. at 9 ).

2024When the trial court made this ruling, we had not yet decided Kazadi v. State, 467 Md. 1 (2020), which held that “on request, during voir dire, a trial court must ask whether any prospective jurors are unwilling or unable to comply with the jury instructions on the fundamental principles of presumption of innocence, the State’s burden of proof, and the defendant’s right not to testify.” Jordan, 480 Md. at 493 , 505 (quoting Kazadi, 467 Md. at 9 ).

59
Twining v. Statered
md · 1964 · cited in 3 Maryland opinions naming this issue, 2021–2021
2 sentences

2021Johnson, Clerk 15:00-05:00 Filed: December 20, 2021 In Kazadi v. State, 467 Md. 1, 9 , 223 A.3d 554, 559 (2020), we held “that, on request, during voir dire, a trial court must ask whether any prospective jurors are unwilling or unable to comply with the jury instructions on the fundamental principles of presumption of innocence, the State’s burden of proof, and the defendant’s right not to testify.” In so holding, we overruled Twining v. State, 234 Md. 97, 100 , 198 A.2d 291, 293 (1964), in which this Court had previously held that a trial court was not required to ask such voir dire question

2021Johnson, Clerk 15:00-05:00 Filed: December 20, 2021 In Kazadi v. State, 467 Md. 1, 9 , 223 A.3d 554, 559 (2020), we held “that, on request, during voir dire, a trial court must ask whether any prospective jurors are unwilling or unable to comply with the jury instructions on the fundamental principles of presumption of innocence, the State’s burden of proof, and the defendant’s right not to testify.” In so holding, we overruled Twining v. State, 234 Md. 97, 100 , 198 A.2d 291, 293 (1964), in which this Court had previously held that a trial court was not required to ask such voir dire question

33
Stevenson v. Statered
md · 1980 · cited in 2 Maryland opinions naming this issue, 2021–2021
2 sentences

2021Significantly, last year, in Kazadi, 467 Md. at 9 , 223 A.3d at 559 , this Court held “that, on request, during voir dire, a trial court must ask whether any prospective jurors are unwilling or unable to comply with the jury instructions on the fundamental principles of presumption of innocence, the State’s burden of proof, and the defendant’s right not to testify.” In so holding, this Court relied on key developments in the law—namely, the holdings in Stevenson v. State, 289 Md. 167, 179-80 , 423 A.2d 558, 565 (1980), and Montgomery v. State, 292 Md. 84, 91 , 437 A.2d 654, 658 (1981), “that,

2021Significantly, last year, in Kazadi, 467 Md. at 9 , 223 A.3d at 559 , this Court held “that, on request, during voir dire, a trial court must ask whether any prospective jurors are unwilling or unable to comply with the jury instructions on the fundamental principles of presumption of innocence, the State’s burden of proof, and the defendant’s right not to testify.” In so holding, this Court relied on key developments in the law—namely, the holdings in Stevenson v. State, 289 Md. 167, 179-80 , 423 A.2d 558, 565 (1980), and Montgomery v. State, 292 Md. 84, 91 , 437 A.2d 654, 658 (1981), “that,

12
Montgomery v. Statered
md · 1981 · cited in 2 Maryland opinions naming this issue, 2021–2021
2 sentences

2021Significantly, last year, in Kazadi, 467 Md. at 9 , 223 A.3d at 559 , this Court held “that, on request, during voir dire, a trial court must ask whether any prospective jurors are unwilling or unable to comply with the jury instructions on the fundamental principles of presumption of innocence, the State’s burden of proof, and the defendant’s right not to testify.” In so holding, this Court relied on key developments in the law—namely, the holdings in Stevenson v. State, 289 Md. 167, 179-80 , 423 A.2d 558, 565 (1980), and Montgomery v. State, 292 Md. 84, 91 , 437 A.2d 654, 658 (1981), “that,

2021Significantly, last year, in Kazadi, 467 Md. at 9 , 223 A.3d at 559 , this Court held “that, on request, during voir dire, a trial court must ask whether any prospective jurors are unwilling or unable to comply with the jury instructions on the fundamental principles of presumption of innocence, the State’s burden of proof, and the defendant’s right not to testify.” In so holding, this Court relied on key developments in the law—namely, the holdings in Stevenson v. State, 289 Md. 167, 179-80 , 423 A.2d 558, 565 (1980), and Montgomery v. State, 292 Md. 84, 91 , 437 A.2d 654, 658 (1981), “that,

12
State v. Logangreen
md · 2006 · cited in 1 Maryland opinions naming this issue, 2021–2021
2 sentences

2021Prior to Kazadi, this Court held that “[voir dire] is not the appropriate time for the trial court to instruct the jury on the law that is applicable to the case.” Id. at 26 , 223 A.3d at 569 (citing Twining v. State, 234 Md. 97, 100 , 198 A.2d 291, 293 (1964); State v. Logan, 394 Md. 378 , 399–400, 906 A.2d 374, 387 (2006)).

2021Prior to Kazadi, this Court held that “[voir dire] is not the appropriate time for the trial court to instruct the jury on the law that is applicable to the case.” Id. at 26 , 223 A.3d at 569 (citing Twining v. State, 234 Md. 97, 100 , 198 A.2d 291, 293 (1964); State v. Logan, 394 Md. 378 , 399–400, 906 A.2d 374, 387 (2006)).

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 (1)

CaseCitedYears
State v. Jordan green
md · 2022
2 sentences

2024When the trial court made this ruling, we had not yet decided Kazadi v. State, 467 Md. 1 (2020), which held that “on request, during voir dire, a trial court must ask whether any prospective jurors are unwilling or unable to comply with the jury instructions on the fundamental principles of presumption of innocence, the State’s burden of proof, and the defendant’s right not to testify.” Jordan, 480 Md. at 493 , 505 (quoting Kazadi, 467 Md. at 9 ).

2024When the trial court made this ruling, we had not yet decided Kazadi v. State, 467 Md. 1 (2020), which held that “on request, during voir dire, a trial court must ask whether any prospective jurors are unwilling or unable to comply with the jury instructions on the fundamental principles of presumption of innocence, the State’s burden of proof, and the defendant’s right not to testify.” Jordan, 480 Md. at 493 , 505 (quoting Kazadi, 467 Md. at 9 ).

32024–2024

Statutes the citing opinions construe

CFR § 8c.f.r.214.14 (3) USC § 8u.s.c.1101 (3) USC § 8u.s.c.1184 (3) USC § 8u.s.c.1255 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MD 9 (2021–2024) IL 2 (1977–1993)

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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