right to invoke privilege (Maryland) · Go Syfert
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right to invoke privilege in Maryland

8 Maryland opinions name it 2 courts 1989–2017 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 (6)

CaseFollowedCited
Attorney Grievance Commission v. Bradleygreen
md · 2013 · cited in 3 Maryland opinions naming this issue, 2016–2017
2 sentences

2017“The Fifth Amendment, as applied to the states by the Fourteenth Amendment, guarantees an accused the right to invoke his privilege against self-incrimination.” Coleman v. State, 434 Md. 320, 333 , 75 A.3d 916, 923 (2013). “[T]he procedural safeguards outlined in Miranda v. Arizona, 384 U.S. 436 , 444–45, 86 S. Ct. 1602, 1612 , 16 L.

2017“The Fifth Amendment, as applied to the states by the Fourteenth Amendment, guarantees an accused the right to invoke his privilege against self-incrimination.” Coleman v. State, 434 Md. 320, 333 , 75 A.3d 916, 923 (2013). “[T]he procedural safeguards outlined in Miranda v. Arizona, 384 U.S. 436, 444-45 , 86 S.Ct. 1602, 1612 , 16 L.Ed.2d 694, 706-07 (1966), commonly referred to as the Miranda warnings, provide practical reinforcement for the right against compulsory self-incrimination.” Id. at 333, 75 A.3d at 924 (citations and internal quotation marks omitted).

33
Coleman v. Stategreen
md · 2013 · cited in 3 Maryland opinions naming this issue, 2016–2017
2 sentences

2017“The Fifth Amendment, as applied to the states by the Fourteenth Amendment, guarantees an accused the right to invoke his privilege against self-incrimination.” Coleman v. State, 434 Md. 320, 333 , 75 A.3d 916, 923 (2013). “[T]he procedural safeguards outlined in Miranda v. Arizona, 384 U.S. 436 , 444–45, 86 S. Ct. 1602, 1612 , 16 L.

2017“The Fifth Amendment, as applied to the states by the Fourteenth Amendment, guarantees an accused the right to invoke his privilege against self-incrimination.” Coleman v. State, 434 Md. 320, 333 , 75 A.3d 916, 923 (2013). “[T]he procedural safeguards outlined in Miranda v. Arizona, 384 U.S. 436, 444-45 , 86 S.Ct. 1602, 1612 , 16 L.Ed.2d 694, 706-07 (1966), commonly referred to as the Miranda warnings, provide practical reinforcement for the right against compulsory self-incrimination.” Id. at 333, 75 A.3d at 924 (citations and internal quotation marks omitted).

23
Boulden v. Stategreen
md · 2010 · cited in 2 Maryland opinions naming this issue, 2016–2016
2 sentences

2016See Coleman v. State, 434 Md. 320, 333 , 75 A.3d 916, 923 (2013) ("The Fifth Amendment, as applied to the states by the Fourteenth Amendment, guarantees an accused the right to invoke his privilege against self-incrimination.” (Citation omitted)); Boulden v. State, 414 Md. 284, 294 , 995 A.2d 268, 273 (2010) ("The Sixth Amendment’s guarantee of a jury trial is applicable to the States through the Fourteenth Amendment.” (Citation omitted)). 14 .

2016See Coleman v. State, 434 Md. 320, 333 , 75 A.3d 916, 923 (2013) ("The Fifth Amendment, as applied to the states by the Fourteenth Amendment, guarantees an accused the right to invoke his privilege against self-incrimination.” (Citation omitted)); Boulden v. State, 414 Md. 284, 294 , 995 A.2d 268, 273 (2010) ("The Sixth Amendment’s guarantee of a jury trial is applicable to the States through the Fourteenth Amendment.” (Citation omitted)). 14 .

22
Miranda v. Arizonagreen
scotus · 1966 · cited in 1 Maryland opinions naming this issue, 2017–2017
2 sentences

2017“The Fifth Amendment, as applied to the states by the Fourteenth Amendment, guarantees an accused the right to invoke his privilege against self-incrimination.” Coleman v. State, 434 Md. 320, 333 , 75 A.3d 916, 923 (2013). “[T]he procedural safeguards outlined in Miranda v. Arizona, 384 U.S. 436, 444-45 , 86 S.Ct. 1602, 1612 , 16 L.Ed.2d 694, 706-07 (1966), commonly referred to as the Miranda warnings, provide practical reinforcement for the right against compulsory self-incrimination.” Id. at 333, 75 A.3d at 924 (citations and internal quotation marks omitted).

2017“The Fifth Amendment, as applied to the states by the Fourteenth Amendment, guarantees an accused the right to invoke his privilege against self-incrimination.” Coleman v. State, 434 Md. 320, 333 , 75 A.3d 916, 923 (2013). “[T]he procedural safeguards outlined in Miranda v. Arizona, 384 U.S. 436, 444-45 , 86 S.Ct. 1602, 1612 , 16 L.Ed.2d 694, 706-07 (1966), commonly referred to as the Miranda warnings, provide practical reinforcement for the right against compulsory self-incrimination.” Id. at 333, 75 A.3d at 924 (citations and internal quotation marks omitted).

11
Johnson v. Stategreen
md · 1975 · cited in 1 Maryland opinions naming this issue, 2016–2016
1 sentence

2016Accordingly, in Johnson, id. at 545, 539-40, 336 A.2d at 118, 115 , this Court vacated a sentence and remanded for resentencing where, during sentencing, a trial court stated: [I]f you had come in here with a plea of guilty and been honest about (it) and said, [“]Of course I did it,[”] which you did, you would probably have gotten a modest sentence, concurrent with the one [that you are serving] in the District of Columbia, and you would have gotten out of it.

11
Ellison v. Stategreen
md · 1987 · cited in 1 Maryland opinions naming this issue, 1989–1989
1 sentence

1989See Ellison, supra, 310 Md. *14 at 258-59, 528 A.2d at 1277-78 .

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
Vandegrift v. State green
md · 1965
2 sentences

2004After condemning that practice, the Court articulated five factors relevant to whether, in a given case, the practice caused prejudicial error: 1. that the witness appears to have been so closely implicated in the defendant’s alleged criminal activities that the invocation by the witness of a claim of privilege when asked a relevant question tending to establish the offense charged will create an inference of the witness’ complicity, which will, in turn, prejudice the defendant in the eyes of the jury; 2. that the prosecutor knew in advance or had reason to anticipate that the witness would cl

2004After condemning that practice, the Court articulated five factors relevant to whether, in a given case, the practice caused prejudicial error: 1. that the witness appears to have been so closely implicated in the defendant’s alleged criminal activities that the invocation by the witness of a claim of privilege when asked a relevant question tending to establish the offense charged will create an inference of the witness’ complicity, which will, in turn, prejudice the defendant in the eyes of the jury; 2. that the prosecutor knew in advance or had reason to anticipate that the witness would cl

41989–2016

Where else courts name it

MD 8 (1989–2017) MO 7 (1907–2012) GA 6 (1896–2018) TN 6 (1943–2004) CA 6 (1905–2015) NY 5 (1908–1982) TX 5 (1982–1999) FL 4 (1977–2012) IL 4 (1914–2020) VA 4 (1987–2019) LA 3 (1944–2000) CT 3 (1927–2011) AL 3 (1981–1986) NC 3 (1993–2015) OH 3 (2001–2018) PA 2 (2008–2014) WA 2 (1948–1950) AZ 2 (1987–2015) MN 2 (1984–1986) DC 2 (1980–1980) AK 2 (1965–1994) OK 2 (2011–2012)

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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