Myers test (Maryland) · Go Syfert
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Myers test in Maryland

9 Maryland opinions name it 2 courts 1990–2019 0 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
Christ v. Maryland Department of Natural Resourcesgreen
md · 1994 · cited in 2 Maryland opinions naming this issue, 2019–2019
2 sentences

2019Additional facts will be included as they become relevant to our discussion below. *338 STANDARD OF REVIEW "Where a controversy is appropriate for resolution by declaratory judgment ... the trial court must render a declaratory judgment." Christ by Christ v. Dept. of Natural Resources , 335 Md. 427 , 435, 644 A.2d 34 (1994).

2019Additional facts will be included as they become relevant to our discussion below. *338 STANDARD OF REVIEW "Where a controversy is appropriate for resolution by declaratory judgment ... the trial court must render a declaratory judgment." Christ by Christ v. Dept. of Natural Resources , 335 Md. 427 , 435, 644 A.2d 34 (1994).

12
Snyder v. Stategreen
md · 2000 · cited in 2 Maryland opinions naming this issue, 2006–2011
2 sentences

2006In Snyder v. State, 361 Md. 580, 596 , 762 A.2d 125 (2000), the Court of Appeals applied the four-part Myers test to a defendant’s failure to inquire into the status of the investigation of his wife’s murder for seven years after her death.

2006In Snyder v. State, 361 Md. 580, 596 , 762 A.2d 125 (2000), the Court of Appeals applied the four-part Myers test to a defendant’s failure to inquire into the status of the investigation of his wife’s murder for seven years after her death.

12
Parker v. Stategreen
md · 2009 · cited in 1 Maryland opinions naming this issue, 2011–2011
2 sentences

2011See e.g., Decker, 408 Md. at 642 , 971 A.2d at 275 (applying these four factors to evidence of flight from prosecution); Thomas I, 372 Md. at 356 , 812 A.2d at 1058 (applying the four factors to evidence of refusal to take a blood test and holding that third inference was lacking); Thomas II, 397 Md. at 576-77 , 919 A.2d at 60-61 (applying the four factors as in Thomas I but finding all four factors satisfied); Snyder, 361 Md. at 596 , 762 A.2d at 134 (applying similar factors to evidence that the husband of the murdered wife failed to inquire about the progress of the investigation).

2011See e.g., Decker, 408 Md. at 642 , 971 A.2d at 275 (applying these four factors to evidence of flight from prosecution); Thomas I, 372 Md. at 356 , 812 A.2d at 1058 (applying the four factors to evidence of refusal to take a blood test and holding that third inference was lacking); Thomas II, 397 Md. at 576-77 , 919 A.2d at 60-61 (applying the four factors as in Thomas I but finding all four factors satisfied); Snyder, 361 Md. at 596 , 762 A.2d at 134 (applying similar factors to evidence that the husband of the murdered wife failed to inquire about the progress of the investigation).

11
Thomas v. Stategreen
md · 2002 · cited in 1 Maryland opinions naming this issue, 2011–2011
2 sentences

2011See e.g., Decker, 408 Md. at 642 , 971 A.2d at 275 (applying these four factors to evidence of flight from prosecution); Thomas I, 372 Md. at 356 , 812 A.2d at 1058 (applying the four factors to evidence of refusal to take a blood test and holding that third inference was lacking); Thomas II, 397 Md. at 576-77 , 919 A.2d at 60-61 (applying the four factors as in Thomas I but finding all four factors satisfied); Snyder, 361 Md. at 596 , 762 A.2d at 134 (applying similar factors to evidence that the husband of the murdered wife failed to inquire about the progress of the investigation).

2011See e.g., Decker, 408 Md. at 642 , 971 A.2d at 275 (applying these four factors to evidence of flight from prosecution); Thomas I, 372 Md. at 356 , 812 A.2d at 1058 (applying the four factors to evidence of refusal to take a blood test and holding that third inference was lacking); Thomas II, 397 Md. at 576-77 , 919 A.2d at 60-61 (applying the four factors as in Thomas I but finding all four factors satisfied); Snyder, 361 Md. at 596 , 762 A.2d at 134 (applying similar factors to evidence that the husband of the murdered wife failed to inquire about the progress of the investigation).

11
Thomas v. Stategreen
md · 2007 · cited in 1 Maryland opinions naming this issue, 2011–2011
2 sentences

2011See e.g., Decker, 408 Md. at 642 , 971 A.2d at 275 (applying these four factors to evidence of flight from prosecution); Thomas I, 372 Md. at 356 , 812 A.2d at 1058 (applying the four factors to evidence of refusal to take a blood test and holding that third inference was lacking); Thomas II, 397 Md. at 576-77 , 919 A.2d at 60-61 (applying the four factors as in Thomas I but finding all four factors satisfied); Snyder, 361 Md. at 596 , 762 A.2d at 134 (applying similar factors to evidence that the husband of the murdered wife failed to inquire about the progress of the investigation).

2011See e.g., Decker, 408 Md. at 642 , 971 A.2d at 275 (applying these four factors to evidence of flight from prosecution); Thomas I, 372 Md. at 356 , 812 A.2d at 1058 (applying the four factors to evidence of refusal to take a blood test and holding that third inference was lacking); Thomas II, 397 Md. at 576-77 , 919 A.2d at 60-61 (applying the four factors as in Thomas I but finding all four factors satisfied); Snyder, 361 Md. at 596 , 762 A.2d at 134 (applying similar factors to evidence that the husband of the murdered wife failed to inquire about the progress of the investigation).

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
Thompson v. State green
md · 2006
2 sentences

2008Unlike Thompson , however, whether the flight instruction is applicable under the facts of the instant case involves the first two inferences of the Myers test, namely, whether “the behavior of [appellant] suggests flight” and whether “the flight suggests a consciousness of guilt.” Thompson, 393 Md. at 312 , 901 A.2d 208 .

2008Unlike Thompson , however, whether the flight instruction is applicable under the facts of the instant case involves the first two inferences of the Myers test, namely, whether “the behavior of [appellant] suggests flight” and whether “the flight suggests a consciousness of guilt.” Thompson, 393 Md. at 312 , 901 A.2d 208 .

12008–2008
Anderson Banks v. Iron Hustler Corp. green
mdctspecapp · 1984
2 sentences

2005Our analysis begins with the observation that “Maryland has adopted a very restrictive rule about granting [motions for judgment] in negligence actions.” Banks v. Iron Hustler Corp., 59 Md.App. 408, 423 , 475 A.2d 1243 (1984).

2005Our analysis begins with the observation that “Maryland has adopted a very restrictive rule about granting [motions for judgment] in negligence actions.” Banks v. Iron Hustler Corp., 59 Md.App. 408, 423 , 475 A.2d 1243 (1984).

12005–2005
Myers v. Montgomery Ward & Co. green
md · 1969
2 sentences

2001Myers, 253 Md. at 295-96 , 252 A.2d at 863-64 .

2001Myers, 253 Md. at 295-96 , 252 A.2d at 863-64 .

12001–2001
Inner Harbor Warehouse, Inc. v. Myers green
md · 1990
2 sentences

1996Inner Harbor maintained that he was not, as he had effectively exempted himself from coverage by failing to purchase workers’ compensation insurance when he was clearly the individual within his corporation responsible for doing so: “Inner Harbor argues that although § 67 requires notice of election of non-coverage to be served on the insurance carrier and the WCC and no such notice was served, it was because Myers’ inaction rendered service of the notice impossible.” Inner Harbor, 321 Md. at 376 , 582 A.2d at 1250 .

1996Inner Harbor maintained that he was not, as he had effectively exempted himself from coverage by failing to purchase workers’ compensation insurance when he was clearly the individual within his corporation responsible for doing so: “Inner Harbor argues that although § 67 requires notice of election of non-coverage to be served on the insurance carrier and the WCC and no such notice was served, it was because Myers’ inaction rendered service of the notice impossible.” Inner Harbor, 321 Md. at 376 , 582 A.2d at 1250 .

11996–1996
Inner Harbor Warehouse and Distribution, Inc. v. Myers green
mdctspecapp · 1989
2 sentences

1990Inner Harbor v. Myers, 80 Md.App. 1 , 559 A.2d 376 (1989).

1990Inner Harbor v. Myers, 80 Md.App. 1 , 559 A.2d 376 (1989).

11990–1990

Where else courts name it

OH 13 (1997–2026) IN 11 (1981–2023) PA 10 (1995–2025) AK 9 (1979–2024) MD 9 (1990–2019) KS 8 (1991–2020) CA 6 (1981–2004) MS 6 (2000–2023) LA 5 (1969–2009) WA 5 (1998–2018) SC 4 (2016–2017) IL 4 (1976–2002) MI 3 (1906–2019) IA 3 (2000–2016) NE 3 (1999–2020) FL 3 (2006–2017) MA 3 (2000–2013) HI 3 (1992–1996) TX 3 (2015–2025) NJ 3 (1991–2026) ND 2 (1995–2001) AR 2 (1949–1994) WI 2 (1993–2005) ME 2 (1982–2015) ID 2 (1988–1992) OK 2 (2005–2006) MO 2 (2011–2025) DC 2 (2001–2013) AL 2 (2009–2025)

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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