weighing factors (Maryland) · Go Syfert
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weighing factors in Maryland

9 Maryland opinions name it 2 courts 1979–2013 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 (3)

CaseFollowedCited
Simmons v. Urquhartgreen
mdctspecapp · 1994 · cited in 1 Maryland opinions naming this issue, 2008–2008
2 sentences

2008We note that the Court of Special Appeals adopted from federal case law the additional factor of “proper regard for the plaintiffs choice of forum.” See Simmons v. Urquhart, 101 Md.App. 85, 106 , 643 A.2d 487, 497 (1994).

2008We note that the Court of Special Appeals adopted from federal case law the additional factor of “proper regard for the plaintiffs choice of forum.” See Simmons v. Urquhart, 101 Md.App. 85, 106 , 643 A.2d 487, 497 (1994).

11
Scott v. Stategreen
md · 1987 · cited in 1 Maryland opinions naming this issue, 1994–1994
2 sentences

1994This conflicts with the statutory scheme which requires a jury to impose a death sentence when no mitigating circumstances are found if at least one aggravating factor has been established beyond a reasonable doubt.” Id. at 288-89 , 529 A.2d at 345 (citation omitted). 12 Evans has attempted to cure the defect of the proposed instruction by adding his second paragraph and informing the jury that mercy must be considered within the weighing framework of § 413.

1994This conflicts with the statutory scheme which requires a jury to impose a death sentence when no mitigating circumstances are found if at least one aggravating factor has been established beyond a reasonable doubt.” Id. at 288-89 , 529 A.2d at 345 (citation omitted). 12 Evans has attempted to cure the defect of the proposed instruction by adding his second paragraph and informing the jury that mercy must be considered within the weighing framework of § 413.

11
Kuisis v. Baldwin-Lima-Hamilton Corp.green
pa · 1974 · cited in 1 Maryland opinions naming this issue, 1988–1988
2 sentences

1988Accord Kuisis v. Baldwin-Lima-Hamilton Corp., 457 Pa. 321 , 319 A.2d 914, 923 (1974) (“In most cases, the weighing of these factors should be left to the finder of fact.

1988Accord Kuisis v. Baldwin-Lima-Hamilton Corp., 457 Pa. 321 , 319 A.2d 914, 923 (1974) (“In most cases, the weighing of these factors should be left to the finder of fact.

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 (6)

CaseCitedYears
Aravanis v. Somerset County green
md · 1995
2 sentences

1997We can at this juncture only paint with a rather broad brush, identifying the required areas of consideration and the non-exclusive list of factors we have discussed, leaving to the trial judges in the first instance the weighing of factors appropriate to each individual case. 339 Md. at 665-666 , 664 A.2d 888 .

1997We can at this juncture only paint with a rather broad brush, identifying the required areas of consideration and the non-exclusive list of factors we have discussed, leaving to the trial judges in the first instance the weighing of factors appropriate to each individual case. 339 Md. at 665-666 , 664 A.2d 888 .

21995–1997
United States v. Richard C. Himelwright green
ca3 · 1994
1 sentence

2013Where, as here, the court fails to perform this analysis, the measure of deference we might otherwise accord is lessened, and we may undertake to examine the record ourselves and conduct the appropriate weighing test.” Id. at 785 . (internal citations omitted).

12013–2013
Oken v. State green
md · 2003
2 sentences

2004We also hold again that, for the reasons that we recently stated in Oken v. State, 378 Md. 179 , 835 A.2d 1105 (2003) (“Oken IV”), Maryland’s use of a preponderance of the evidence standard in the weighing of aggravating against mitigating factors, even if we were to assume that such a weighing occurred before Baker’s sentencing in this case, is not unconstitutional and does not invalidate the State’s capital punishment law.

2004We also hold again that, for the reasons that we recently stated in Oken v. State, 378 Md. 179 , 835 A.2d 1105 (2003) (“Oken IV”), Maryland’s use of a preponderance of the evidence standard in the weighing of aggravating against mitigating factors, even if we were to assume that such a weighing occurred before Baker’s sentencing in this case, is not unconstitutional and does not invalidate the State’s capital punishment law.

12004–2004
Larson v. Thomashow green
illappct · 1974
2 sentences

1988But in certain *54 situations the prolonged use factor may loom so large as to obscure all others in a case.”); Larson v. Thomashow, 17 Ill.App.3d 208 , 307 N.E.2d 707 (1974) (rejecting defendants’ claim that the fact that a drive shaft of a General Motors vehicle fell out after two years and four months use established a prima facie case under both the doctrine of implied warranty and strict liability).

1988But in certain *54 situations the prolonged use factor may loom so large as to obscure all others in a case.”); Larson v. Thomashow, 17 Ill.App.3d 208 , 307 N.E.2d 707 (1974) (rejecting defendants’ claim that the fact that a drive shaft of a General Motors vehicle fell out after two years and four months use established a prima facie case under both the doctrine of implied warranty and strict liability).

11988–1988
Wilson v. State green
md · 1978
2 sentences

1986State v. Wilson, 281 Md. 640 , 382 A.2d 1053 (1978).

1986State v. Wilson, 281 Md. 640 , 382 A.2d 1053 (1978).

11986–1986
Kennedy v. State green
mdctspecapp · 1974
1 sentence

1979We made clear in Kennedy v. State, supra, that the weighing of the factors, whether they appear in the Courts Art. § 3-817(d) or Article 27, § 594A (b), is “similar.” 21 Md.

11979–1979

Where else courts name it

CA 51 (1975–2026) PA 37 (1989–2026) OH 21 (1990–2026) NJ 18 (1984–2026) NC 13 (1985–2025) IL 12 (1973–2021) CO 12 (1981–2025) VA 11 (1993–2021) AZ 11 (1980–2023) MO 10 (1979–2024) MD 9 (1979–2013) WI 8 (1984–2024) TX 8 (2004–2018) NY 8 (1983–2009) FL 7 (1995–2021) NM 7 (1991–2017) IN 7 (1989–2023) DE 7 (1992–2021) MS 7 (1999–2005) DC 7 (1991–2018) MA 6 (1988–2023) WA 5 (1977–2018) ID 5 (2001–2020) TN 5 (2004–2025) KS 5 (2010–2020) CT 5 (1976–2026) AR 4 (1985–2018) LA 3 (2015–2019) GA 3 (2013–2019) OK 3 (1982–2006) UT 3 (2020–2025) MN 2 (2009–2015) WV 2 (1979–2012) SD 2 (1954–2024) MI 2 (2000–2026) VT 2 (2015–2015) IA 2 (2022–2026)

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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