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8 Maryland opinions name it 2 courts 1983–2026 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.
| Case | Followed | Cited |
|---|---|---|
Christian v. Stategreen1 sentence2026To be sure, the final line of Christian explicitly limited its holding to the landscape Roary created: “[W]e hold that the mitigation defense[] of hot- 21 blooded response to adequate provocation . . . could apply to mitigate first degree assault where those assaults could now supply the malice necessary for felony-murder if the victim dies.” Christian, 405 Md. at 333 (emphasis added). | 1 | 1 |
Whitehead v. Stategreen1 sentence2026See, e.g., Girouard, 321 Md. at 538 (“[T]he difference between murder and manslaughter is the presence or absence of malice.”); Whitehead, 9 Md. App. at 11 (citation omitted). | 1 | 1 |
Girouard v. Stategreen1 sentence2026See, e.g., Girouard, 321 Md. at 538 (“[T]he difference between murder and manslaughter is the presence or absence of malice.”); Whitehead, 9 Md. App. at 11 (citation omitted). | 1 | 1 |
Stevenson v. Stategreen2 sentences2008Stevenson v. State, 163 Md.App. 691, 696 , 882 A.2d 323, 326 (2005). 2008Stevenson v. State, 163 Md.App. 691, 696 , 882 A.2d 323, 326 (2005). | 1 | 1 |
Webb v. Stategreen2 sentences2008We implied that the defense of hot-blooded response to adequate provocation could serve as a mitigation defense for assault with intent to murder in Webb v. State, 201 Md. 158, 162 , 93 A.2d 80, 82 (1952). 2008We implied that the defense of hot-blooded response to adequate provocation could serve as a mitigation defense for assault with intent to murder in Webb v. State, 201 Md. 158, 162 , 93 A.2d 80, 82 (1952). | 1 | 1 |
State v. Faulknergreen2 sentences2008Similarly, we held that the mitigation defense of imperfect self-defense applied to assault with intent to murder in State v. Faulkner, 301 Md. 482 , 483 A.2d 759 (1984). 2008Similarly, we held that the mitigation defense of imperfect self-defense applied to assault with intent to murder in State v. Faulkner, 301 Md. 482 , 483 A.2d 759 (1984). | 1 | 1 |
Rompilla v. Beardgreen2 sentences2006Had school and mental health records been obtained, they would have revealed evidence of possible schizophrenia and mental retardation, all of which could have been used in support of a mitigation defense that “bears no relation to the few naked pleas for mercy actually put before the jury.” Rompilla v. Beard, supra, 545 U.S. at 393, 125 S.Ct. at 2469 , 162 L.Ed.2d at 379 . 2006Had school and mental health records been obtained, they would have revealed evidence of possible schizophrenia and mental retardation, all of which could have been used in support of a mitigation defense that “bears no relation to the few naked pleas for mercy actually put before the jury.” Rompilla v. Beard, supra, 545 U.S. at 393, 125 S.Ct. at 2469 , 162 L.Ed.2d at 379 . | 1 | 1 |
Mayor of Baltimore v. Hackelygreen2 sentences1984II Faulkner seeks to apply the mitigation defense of imperfect self defense to the statutory offense of assault with intent to murder under Md.Code (1957, 1982 Repl.Vol.), Art. *504 27, § 12. 8 A proper analysis of this statute requires us to take heed of the principle of statutory construction that in determining the real legislative intent, we consider the “language of an enactment in its natural and ordinary signification.” City of Baltimore v. Hackley, 300 Md. 277, 283, 477 A.2d 1174 (1984). 1984II Faulkner seeks to apply the mitigation defense of imperfect self defense to the statutory offense of assault with intent to murder under Md.Code (1957, 1982 Repl.Vol.), Art. *504 27, § 12. 8 A proper analysis of this statute requires us to take heed of the principle of statutory construction that in determining the real legislative intent, we consider the “language of an enactment in its natural and ordinary signification.” City of Baltimore v. Hackley, 300 Md. 277, 283, 477 A.2d 1174 (1984). | 1 | 1 |
Commonwealth v. Caingreen2 sentences1984For example, Pennsylvania, which has “long recognized” this mitigation defense, Commonwealth v. Cain, 484 Pa. 240 , 398 A.2d 1359, 1361 (1979); see Commonwealth v. Nau, 473 Pa. 1 , 373 A.2d 449 , 452 n. 5 (1977) (citing cases), has a statute governing voluntary manslaughter that embodies the doc *493 trine of imperfect self defense. 1984For example, Pennsylvania, which has “long recognized” this mitigation defense, Commonwealth v. Cain, 484 Pa. 240 , 398 A.2d 1359, 1361 (1979); see Commonwealth v. Nau, 473 Pa. 1 , 373 A.2d 449 , 452 n. 5 (1977) (citing cases), has a statute governing voluntary manslaughter that embodies the doc *493 trine of imperfect self defense. | 1 | 1 |
Commonwealth v. Naugreen2 sentences1984For example, Pennsylvania, which has “long recognized” this mitigation defense, Commonwealth v. Cain, 484 Pa. 240 , 398 A.2d 1359, 1361 (1979); see Commonwealth v. Nau, 473 Pa. 1 , 373 A.2d 449 , 452 n. 5 (1977) (citing cases), has a statute governing voluntary manslaughter that embodies the doc *493 trine of imperfect self defense. 1984For example, Pennsylvania, which has “long recognized” this mitigation defense, Commonwealth v. Cain, 484 Pa. 240 , 398 A.2d 1359, 1361 (1979); see Commonwealth v. Nau, 473 Pa. 1 , 373 A.2d 449 , 452 n. 5 (1977) (citing cases), has a statute governing voluntary manslaughter that embodies the doc *493 trine of imperfect self defense. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Jones
green
1 sentence2026Id.; Jones, 451 Md. at 708 . | 1 | 2026–2026 |
Dykes v. State
green
2 sentences2010In Dykes v. State, 319 Md. 206, 216-17 , 571 A.2d 1251 (1990), the Court explained that the defendant need only be able to show that there is “some” evidence to support the mitigation instruction. 2010In Dykes v. State, 319 Md. 206, 216-17 , 571 A.2d 1251 (1990), the Court explained that the defendant need only be able to show that there is “some” evidence to support the mitigation instruction. | 1 | 2010–2010 |
Stevenson v. State
neutral
2 sentences2008Stevenson v. State, 390 Md. 90 , 887 A.2d 655 (2005). 2008Stevenson v. State, 390 Md. 90 , 887 A.2d 655 (2005). | 1 | 2008–2008 |
Roary v. State
yellow
2 sentences2008I disagree, however, with the majority’s rationale for so concluding, that, in light of Roary v. State, 385 Md. 217 , 867 A.2d 1095 (2005) and under the felony-murder framework, first degree assault may be deemed a shadow form of homicide. 2008I disagree, however, with the majority’s rationale for so concluding, that, in light of Roary v. State, 385 Md. 217 , 867 A.2d 1095 (2005) and under the felony-murder framework, first degree assault may be deemed a shadow form of homicide. | 1 | 2008–2008 |
Wiggins v. Smith, Warden
green
2 sentences2006Prior to his capital sentencing proceeding, his attorneys un successfully sought to bifurcate those proceedings, intending to prove that Wiggins was not directly responsible for the victim’s death and, if that failed, to present a mitigation defense. 539 U.S. at 515 , 123 S.Ct. at 2532 , 156 L.Ed.2d at 481 . 2006Prior to his capital sentencing proceeding, his attorneys un successfully sought to bifurcate those proceedings, intending to prove that Wiggins was not directly responsible for the victim’s death and, if that failed, to present a mitigation defense. 539 U.S. at 515 , 123 S.Ct. at 2532 , 156 L.Ed.2d at 481 . | 1 | 2006–2006 |
Richmond v. State
yellow
2 sentences2005The narrow scope of this mitigation defense has been confirmed by the Court of Appeals: “Although widely accepted as a mitigating circumstance in murder cases,” hot blooded response to adequate provocation “has not ordinarily been used to reduce the grade or degree of any crime other than murder.” Richmond v. State, 330 Md. 223, 232 , 623 A.2d 630 (1993). 2005The narrow scope of this mitigation defense has been confirmed by the Court of Appeals: “Although widely accepted as a mitigating circumstance in murder cases,” hot blooded response to adequate provocation “has not ordinarily been used to reduce the grade or degree of any crime other than murder.” Richmond v. State, 330 Md. 223, 232 , 623 A.2d 630 (1993). | 1 | 2005–2005 |
Bryant v. State
green
2 sentences2005The only exception to this limitation are cases involving what Judge Moylan called, in Bryant v. State, the “inchoate, shadow crimes” of criminal homicide, that is, crimes such as “assault with intent to murder, attempted murder, and conspiracy to murder.” 83 Md.App. 237, 244 , 574 A.2d 29 (1990). *696 But, as we shall see, first degree assault does not fall within the shadow cast by murder, as these crimes do. 2005The only exception to this limitation are cases involving what Judge Moylan called, in Bryant v. State, the “inchoate, shadow crimes” of criminal homicide, that is, crimes such as “assault with intent to murder, attempted murder, and conspiracy to murder.” 83 Md.App. 237, 244 , 574 A.2d 29 (1990). *696 But, as we shall see, first degree assault does not fall within the shadow cast by murder, as these crimes do. | 1 | 2005–2005 |
Watkins v. State
green
2 sentences1993Recently, we characterized this latter holding as being perhaps “a generous expansion of the law of self-defense____” Watkins v. State, 328 Md. 95 , 106 n. 3, 613 A.2d 379 (1992). 1993Recently, we characterized this latter holding as being perhaps “a generous expansion of the law of self-defense____” Watkins v. State, 328 Md. 95 , 106 n. 3, 613 A.2d 379 (1992). | 1 | 1993–1993 |
Faulkner v. State
green
2 sentences1984Faulkner v. State, supra, 54 Md.App. at 118 n. 5, 458 A.2d 81 . 1984Faulkner v. State, supra, 54 Md.App. at 118 n. 5, 458 A.2d 81 . | 1 | 1984–1984 |
Law v. State
green
1 sentence1983In that singular application of the newly discovered academic esoteria we noted that its effect was to "negate malice” and that it would "reduce what might otherwise be murder to manslaughter.” I cannot agree to extend its application beyond its specified purpose; but more importantly, I am now convinced that we should back off from the limited course we set in Shuck, supra, and Law, supra. For this Court now to "perfect” the not very far advanced academic possibility predicated upon esoteric extenuating circumstances from an imperfect mitigation of malice in murder to an absolute exculpation | 1 | 1983–1983 |
Shuck v. State
green
1 sentence1983In that singular application of the newly discovered academic esoteria we noted that its effect was to "negate malice” and that it would "reduce what might otherwise be murder to manslaughter.” I cannot agree to extend its application beyond its specified purpose; but more importantly, I am now convinced that we should back off from the limited course we set in Shuck, supra, and Law, supra. For this Court now to "perfect” the not very far advanced academic possibility predicated upon esoteric extenuating circumstances from an imperfect mitigation of malice in murder to an absolute exculpation | 1 | 1983–1983 |
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.
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.