balancing of the three factors (Maryland) · Go Syfert
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balancing of the three factors in Maryland

7 Maryland opinions name it 2 courts 1997–2013 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 (2)

CaseFollowedCited
In Re WINSHIPgreen
scotus · 1970 · cited in 1 Maryland opinions naming this issue, 2003–2003
2 sentences

2003Santosky , at 754-55, 102 S.Ct. at 1395 , 71 L.Ed.2d at 607 (quoting Addington v. Texas, 441 U.S. 418, 423 , 99 S.Ct. 1804, 1808 , 60 L.Ed.2d 323, 329 (1979)) and In re Winship, 397 U.S. 358, 370 , 90 S.Ct. 1068, 1076 , 25 L.Ed.2d 368, 379 (1970) (Harlan, J., concurring).

2003Santosky , at 754-55, 102 S.Ct. at 1395 , 71 L.Ed.2d at 607 (quoting Addington v. Texas, 441 U.S. 418, 423 , 99 S.Ct. 1804, 1808 , 60 L.Ed.2d 323, 329 (1979)) and In re Winship, 397 U.S. 358, 370 , 90 S.Ct. 1068, 1076 , 25 L.Ed.2d 368, 379 (1970) (Harlan, J., concurring).

11
Addington v. Texasgreen
scotus · 1979 · cited in 1 Maryland opinions naming this issue, 2003–2003
2 sentences

2003Santosky , at 754-55, 102 S.Ct. at 1395 , 71 L.Ed.2d at 607 (quoting Addington v. Texas, 441 U.S. 418, 423 , 99 S.Ct. 1804, 1808 , 60 L.Ed.2d 323, 329 (1979)) and In re Winship, 397 U.S. 358, 370 , 90 S.Ct. 1068, 1076 , 25 L.Ed.2d 368, 379 (1970) (Harlan, J., concurring).

2003Santosky , at 754-55, 102 S.Ct. at 1395 , 71 L.Ed.2d at 607 (quoting Addington v. Texas, 441 U.S. 418, 423 , 99 S.Ct. 1804, 1808 , 60 L.Ed.2d 323, 329 (1979)) and In re Winship, 397 U.S. 358, 370 , 90 S.Ct. 1068, 1076 , 25 L.Ed.2d 368, 379 (1970) (Harlan, J., concurring).

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
Mathews v. Eldridge green
scotus · 1976
2 sentences

2013Any procedure by which a State interferes with or restrains this fundamental liberty must be “fundamentally fair.” No. 93321055, 344 Md. at 491 , 687 A.2d at 697 . 15 What process is due to a parent in a termination of parental rights action “turns on a balancing of the three factors specified in Mathews v. Eldridge, 424 U.S. 319 [ 96 S.Ct. 893 , 47 L.Ed.2d 18 ] (1976), ie„ the private interests affected by the proceeding, the risk of error created by the State’s chosen procedure, and the countervailing governmental interest supporting the use of the challenged procedure.” Id.

2013Any procedure by which a State interferes with or restrains this fundamental liberty must be “fundamentally fair.” No. 93321055, 344 Md. at 491 , 687 A.2d at 697 . 15 What process is due to a parent in a termination of parental rights action “turns on a balancing of the three factors specified in Mathews v. Eldridge, 424 U.S. 319 [ 96 S.Ct. 893 , 47 L.Ed.2d 18 ] (1976), ie„ the private interests affected by the proceeding, the risk of error created by the State’s chosen procedure, and the countervailing governmental interest supporting the use of the challenged procedure.” Id.

71997–2013
In Re Adoption/Guardianship No. 93321055/CAD green
md · 1997
2 sentences

2013Any procedure by which a State interferes with or restrains this fundamental liberty must be “fundamentally fair.” No. 93321055, 344 Md. at 491 , 687 A.2d at 697 . 15 What process is due to a parent in a termination of parental rights action “turns on a balancing of the three factors specified in Mathews v. Eldridge, 424 U.S. 319 [ 96 S.Ct. 893 , 47 L.Ed.2d 18 ] (1976), ie„ the private interests affected by the proceeding, the risk of error created by the State’s chosen procedure, and the countervailing governmental interest supporting the use of the challenged procedure.” Id.

2013Any procedure by which a State interferes with or restrains this fundamental liberty must be “fundamentally fair.” No. 93321055, 344 Md. at 491 , 687 A.2d at 697 . 15 What process is due to a parent in a termination of parental rights action “turns on a balancing of the three factors specified in Mathews v. Eldridge, 424 U.S. 319 [ 96 S.Ct. 893 , 47 L.Ed.2d 18 ] (1976), ie„ the private interests affected by the proceeding, the risk of error created by the State’s chosen procedure, and the countervailing governmental interest supporting the use of the challenged procedure.” Id.

42002–2013
Rahman v. Phillip green
scotus · 1997
1 sentence

2005In re Adoption No. 93321055, 344 Md. 458, 491 , 687 A.2d 681 , cert. denied, 520 U.S. 1267 , 117 S.Ct. 2439 , 138 L.Ed.2d 199 (1997).

12005–2005
Clemy P. v. Montgomery County Department of Social Services green
scotus · 1997
2 sentences

2005In re Adoption No. 93321055, 344 Md. 458, 491 , 687 A.2d 681 , cert. denied, 520 U.S. 1267 , 117 S.Ct. 2439 , 138 L.Ed.2d 199 (1997).

2005In re Adoption No. 93321055, 344 Md. 458, 491 , 687 A.2d 681 , cert. denied, 520 U.S. 1267 , 117 S.Ct. 2439 , 138 L.Ed.2d 199 (1997).

12005–2005
Santosky v. Kramer green
scotus · 1982
2 sentences

2003Santosky , at 754-55, 102 S.Ct. at 1395 , 71 L.Ed.2d at 607 (quoting Addington v. Texas, 441 U.S. 418, 423 , 99 S.Ct. 1804, 1808 , 60 L.Ed.2d 323, 329 (1979)) and In re Winship, 397 U.S. 358, 370 , 90 S.Ct. 1068, 1076 , 25 L.Ed.2d 368, 379 (1970) (Harlan, J., concurring).

2003Santosky , at 754-55, 102 S.Ct. at 1395 , 71 L.Ed.2d at 607 (quoting Addington v. Texas, 441 U.S. 418, 423 , 99 S.Ct. 1804, 1808 , 60 L.Ed.2d 323, 329 (1979)) and In re Winship, 397 U.S. 358, 370 , 90 S.Ct. 1068, 1076 , 25 L.Ed.2d 368, 379 (1970) (Harlan, J., concurring).

12003–2003

Statutes the citing opinions construe

MD § Md. Code Ann., Fam. Law § 5-322 (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 7 (1997–2013) IL 2 (2000–2000)

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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