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

7 Maryland opinions name it 2 courts 1981–2026 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.

Followed or applied (3)

CaseFollowedCited
Duffy v. Conawaygreen
md · 1983 · cited in 1 Maryland opinions naming this issue, 2005–2005
2 sentences

2005See Ch. 510 of the Acts of 1992. [9] In fact, a legislative requirement that the judiciary "affirm" the decision of an Executive Branch agency, without determining anything about the case, might present constitutional issues under the principles set forth in Duffy v. Conaway, 295 Md. 242, 259-263 , 455 A.2d 955, 963-965 (1983). [10] The only issue regarding Art. 2B, § 16-101(e)(3), which was never raised by a party, is the majority's theory that the statute is merely "directory" and may be ignored.

2005See Ch. 510 of the Acts of 1992. [9] In fact, a legislative requirement that the judiciary "affirm" the decision of an Executive Branch agency, without determining anything about the case, might present constitutional issues under the principles set forth in Duffy v. Conaway, 295 Md. 242, 259-263 , 455 A.2d 955, 963-965 (1983). [10] The only issue regarding Art. 2B, § 16-101(e)(3), which was never raised by a party, is the majority's theory that the statute is merely "directory" and may be ignored.

11
County Commissioners v. Claggettgreen
mdctspecapp · 2003 · cited in 1 Maryland opinions naming this issue, 2004–2004
2 sentences

2004In holding that the ordinance was preempted by the wild waterfowl hunting laws, the intermediate appellate court applied the federal doctrine of conflict by “frustration of purpose.” County Commissioners, 152 Md.App. at 94-95, 831 A.2d at 91 .

2004In holding that the ordinance was preempted by the wild waterfowl hunting laws, the intermediate appellate court applied the federal doctrine of conflict by “frustration of purpose.” County Commissioners, 152 Md.App. at 94-95, 831 A.2d at 91 .

11
Cuyler v. Sullivangreen
scotus · 1980 · cited in 1 Maryland opinions naming this issue, 1995–1995
2 sentences

1995See, e.g., Cuyler, 446 U.S. at 338 , 100 S.Ct. at 1712-13 (in a post conviction proceeding, the lower court heard five days of testimony to determine whether a conflict existed).

1995See, e.g., Cuyler, 446 U.S. at 338 , 100 S.Ct. at 1712-13 (in a post conviction proceeding, the lower court heard five days of testimony to determine whether a conflict existed).

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 (4)

CaseCitedYears
Mayor of Forest Heights v. Frank green
md · 1981
2 sentences

1994Mayor and Council of Forest Heights v. Frank, 291 Md. 331, 337 , 435 A.2d 425 (1981); City of Baltimore v. Sitnick & Firey, 254 Md. 303, 313-317 , 255 A.2d 376 (1969), and cases there cited.” The language of the state public accommodations law, which excludes private clubs from its coverage, is similar to the language of the state employment discrimination prohibition law involved in National Asphalt , which excludes small em *383 ployers from its coverage, and is similar to the state minimum wage law involved in Sitnick, which excluded taverns from its coverage.

1994Mayor and Council of Forest Heights v. Frank, 291 Md. 331, 337 , 435 A.2d 425 (1981); City of Baltimore v. Sitnick & Firey, 254 Md. 303, 313-317 , 255 A.2d 376 (1969), and cases there cited.” The language of the state public accommodations law, which excludes private clubs from its coverage, is similar to the language of the state employment discrimination prohibition law involved in National Asphalt , which excludes small em *383 ployers from its coverage, and is similar to the state minimum wage law involved in Sitnick, which excluded taverns from its coverage.

21981–1994
Mayor of Baltimore v. Sitnick green
md · 1969
2 sentences

1994Mayor and Council of Forest Heights v. Frank, 291 Md. 331, 337 , 435 A.2d 425 (1981); City of Baltimore v. Sitnick & Firey, 254 Md. 303, 313-317 , 255 A.2d 376 (1969), and cases there cited.” The language of the state public accommodations law, which excludes private clubs from its coverage, is similar to the language of the state employment discrimination prohibition law involved in National Asphalt , which excludes small em *383 ployers from its coverage, and is similar to the state minimum wage law involved in Sitnick, which excluded taverns from its coverage.

1994Mayor and Council of Forest Heights v. Frank, 291 Md. 331, 337 , 435 A.2d 425 (1981); City of Baltimore v. Sitnick & Firey, 254 Md. 303, 313-317 , 255 A.2d 376 (1969), and cases there cited.” The language of the state public accommodations law, which excludes private clubs from its coverage, is similar to the language of the state employment discrimination prohibition law involved in National Asphalt , which excludes small em *383 ployers from its coverage, and is similar to the state minimum wage law involved in Sitnick, which excluded taverns from its coverage.

21981–1994
National Asphalt Pavement Ass'n v. Prince George's County green
md · 1981
1 sentence

2026Id. at 79 n.3.

12026–2026
Holloway v. Arkansas green
scotus · 1978
2 sentences

2012In so holding, the Holloway Court rejected — as not “susceptible of intelligent, evenhanded application” — a rule requiring the defendant to establish specific prejudice generated by the conflict he and defense counsel had tried, through objection, to avoid. 9 Id. at 490 , 98 S.Ct. 1173 .

2012In so holding, the Holloway Court rejected — as not “susceptible of intelligent, evenhanded application” — a rule requiring the defendant to establish specific prejudice generated by the conflict he and defense counsel had tried, through objection, to avoid. 9 Id. at 490 , 98 S.Ct. 1173 .

12012–2012

Where else courts name it

CA 39 (1931–2023) TX 18 (1915–2025) OH 16 (1986–2023) IL 14 (1888–2023) NY 12 (1961–2023) WA 12 (1997–2023) CO 8 (2002–2026) MD 7 (1981–2026) MO 7 (1993–2023) PA 7 (1975–2024) FL 6 (1987–2024) NM 6 (1953–2023) NC 6 (2001–2022) MI 6 (1976–2013) NJ 6 (1978–2025) MN 5 (1990–2016) IA 5 (1918–2022) LA 4 (2000–2009) DC 4 (1982–2016) NV 4 (1980–2017) ID 3 (1962–1991) UT 3 (1990–2024) NE 3 (1992–2016) WI 3 (1984–2014) AK 3 (1967–2019) VA 3 (1891–2018) CT 3 (1997–2016) AL 3 (1984–1999) MA 2 (2015–2025) KS 2 (1903–1999) MS 2 (1998–2006) AZ 2 (1986–2008) ME 2 (1854–1970) VT 2 (2010–2013) SD 2 (2008–2014) IN 2 (1981–2007) KY 2 (1918–2019) AR 2 (1933–2002) GA 2 (2011–2011)

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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