constitutional predicate claim (Maryland) · Go Syfert
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constitutional predicate claim in Maryland

7 Maryland opinions name it 2 courts 1995–2023 3 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
Cuyler v. Sullivangreen
scotus · 1980 · cited in 7 Maryland opinions naming this issue, 1995–2023
2 sentences

2023In order to demonstrate a violation of his Sixth Amendment rights, a defendant must establish that an actual conflict of interest adversely affected his lawyer’s performance.” The Supreme Court concluded that “a defendant who shows that a conflict of interest actually affected the adequacy of his representation need not demonstrate prejudice in order to obtain relief[, b]ut until a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” Id. at 349-50 . - 67 - is not a new one[,]”

2023In order to demonstrate a violation of his Sixth Amendment rights, a defendant must establish that an actual conflict of interest adversely affected his lawyer’s performance.” The Supreme Court concluded that “a defendant who shows that a conflict of interest actually affected the adequacy of his representation need not demonstrate prejudice in order to obtain relief[, b]ut until a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” Id. at 349-50 . - 67 - is not a new one[,]”

17
Brown v. Stategreen
mdctspecapp · 1970 · cited in 1 Maryland opinions naming this issue, 1995–1995
2 sentences

1995See Brown, 10 Md.App. at 221 , 269 A.2d 96 (“The mere fact that [appellants’] stories are different does usually not present a conflict of interest if the innocence of both parties is maintained by both stories.”). “[U]ntil a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” Cuyler, 446 U.S. at 350 , 100 S.Ct. at 1719 .

1995See Brown, 10 Md.App. at 221 , 269 A.2d 96 (“The mere fact that [appellants’] stories are different does usually not present a conflict of interest if the innocence of both parties is maintained by both stories.”). “[U]ntil a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” Cuyler, 446 U.S. at 350 , 100 S.Ct. at 1719 .

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 (2)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
2 sentences

2023But, after Cuyler, in Strickland, 466 U.S. at 692 , the Supreme Court identified the three circumstances under which prejudice would be presumed and the Supreme Court did not require the showing of any condition precedent for the actual or constructive denial of the assistance of counsel.

2023But, after Cuyler, in Strickland, 466 U.S. at 692 , the Supreme Court identified the three circumstances under which prejudice would be presumed and the Supreme Court did not require the showing of any condition precedent for the actual or constructive denial of the assistance of counsel.

32023–2023
Glasser v. United States green
scotus · 1942
2 sentences

2012Id. at 349-50, 100 S.Ct. 1708 (citations omitted) (quoting Glasser, 315 U.S. at 76 , 62 S.Ct. 457 ).

2012Id. at 349-50, 100 S.Ct. 1708 (citations omitted) (quoting Glasser, 315 U.S. at 76 , 62 S.Ct. 457 ).

12012–2012

Where else courts name it

TX 33 (1980–2026) FL 14 (1983–2017) TN 13 (1998–2022) MN 9 (1991–2024) GA 8 (1999–2023) SC 7 (1993–2015) MD 7 (1995–2023) MO 7 (1985–2024) PA 7 (1982–2020) KS 6 (1995–2021) WA 5 (2003–2020) AL 5 (1988–2010) CO 4 (1985–2015) OH 4 (1988–2008) ID 4 (1996–2010) LA 4 (1988–2016) DC 4 (1999–2016) UT 4 (1990–2015) NC 3 (1982–2006) MI 3 (1982–2017) IN 3 (1985–2014) AR 3 (2002–2005) CA 2 (1986–2011) RI 2 (2001–2011) IA 2 (1981–1988)

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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