7 Maryland opinions name it 2 courts 1974–2011 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.
| Case | Followed | Cited |
|---|---|---|
United States v. Jorngreen2 sentences1989The Jorn Court stated that the Perez doctrine (manifest necessity) “stands as a command to trial judges not to foreclose a defendant’s option until a scrupulous exercise of judicial discretion leads to the conclusion that the ends of public justice would not be served by a continuation of the proceedings.” Jorn, 400 U.S. at 470 , 91 S.Ct. at 550 . (emphasis added). 1989The Jorn Court stated that the Perez doctrine (manifest necessity) “stands as a command to trial judges not to foreclose a defendant’s option until a scrupulous exercise of judicial discretion leads to the conclusion that the ends of public justice would not be served by a continuation of the proceedings.” Jorn, 400 U.S. at 470 , 91 S.Ct. at 550 . (emphasis added). | 1 | 2 |
Cornish v. Stategreen2 sentences2011After reviewing the circumstances in which retrial, after mistrial, has been held to be permitted, see Cornish, 272 Md. at 318-19 , 322 A.2d at 884-85 (and cases therein cited), and those in which retrial has been prohibited, id. at 319-320 , 322 A.2d at 885-86 , (and cases therein cited), 9 the Court applied the Perez standard to the situation faced by the trial court in that case. 2011After reviewing the circumstances in which retrial, after mistrial, has been held to be permitted, see Cornish, 272 Md. at 318-19 , 322 A.2d at 884-85 (and cases therein cited), and those in which retrial has been prohibited, id. at 319-320 , 322 A.2d at 885-86 , (and cases therein cited), 9 the Court applied the Perez standard to the situation faced by the trial court in that case. | 1 | 1 |
Lee v. United Statesgreen2 sentences1981See Lee, supra, at 31 n.9. 1981See Lee, supra, at 31 n.9. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Illinois v. Somerville
green
2 sentences1974As the Court said in Illinois v. Somerville, supra, 410 U. S. at 464 , “[wjhile virtually all of the cases turn on the particular facts and thus escape meaningful categorization .. ., it is possible to distill from them a general approach ... to situations such as that presented by this case.” See also the dissenting opinion of Mr. Justice White in Somerville, 410 U. S. at 472 : “Despite the generality of the Perez standard, some guidelines have evolved from past cases, as this Court has reviewed the exercise of trial court discretion in a variety of circumstances.” The most significant guidel 1974As the Court said in Illinois v. Somerville, supra, 410 U. S. at 464 , “[wjhile virtually all of the cases turn on the particular facts and thus escape meaningful categorization .. ., it is possible to distill from them a general approach ... to situations such as that presented by this case.” See also the dissenting opinion of Mr. Justice White in Somerville, 410 U. S. at 472 : “Despite the generality of the Perez standard, some guidelines have evolved from past cases, as this Court has reviewed the exercise of trial court discretion in a variety of circumstances.” The most significant guidel | 2 | 1974–1981 |
Perez v. State
green
2 sentences2004Id. at 13 , 841 A.2d 372 . 2004Id. at 13 , 841 A.2d 372 . | 1 | 2004–2004 |
Old Town Bank v. McCormick
green
2 sentences2003Old Town Bank of Baltimore v. McCormick, 96 Md. at 351-52 , 53 A. at 935-36 . 2003Old Town Bank of Baltimore v. McCormick, 96 Md. at 351-52 , 53 A. at 935-36 . | 1 | 2003–2003 |
Downum v. United States
green
1 sentence1974As the Court said in Illinois v. Somerville, supra, 410 U. S. at 464 , “[wjhile virtually all of the cases turn on the particular facts and thus escape meaningful categorization .. ., it is possible to distill from them a general approach ... to situations such as that presented by this case.” See also the dissenting opinion of Mr. Justice White in Somerville, 410 U. S. at 472 : “Despite the generality of the Perez standard, some guidelines have evolved from past cases, as this Court has reviewed the exercise of trial court discretion in a variety of circumstances.” The most significant guidel | 1 | 1974–1974 |
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.