questions defense (Maryland) · Go Syfert
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questions defense in Maryland

7 Maryland opinions name it 2 courts 1970–2009 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 (4)

CaseFollowedCited
Kelly v. Stategreen
md · 2006 · cited in 1 Maryland opinions naming this issue, 2009–2009
2 sentences

2009Id. at 523, 527, 529 , 898 A.2d 419 .

2009Id. at 523, 527, 529 , 898 A.2d 419 .

11
Contee v. Stategreen
md · 1960 · cited in 1 Maryland opinions naming this issue, 2005–2005
2 sentences

2005See Cantee v. State, 223 Md. 575, 580 , 165 A.2d 889 (1960) (concluding that the defendant “was denied an opportunity ... to frame additional proper voir dire questions ... and the court failed to ask, on its own motion, as it should have done, a proper question designed to ascertain the existence of cause for disqualification. ...”). *62 On the merits, we agree with Logan that the subject matter of the NCR defense was of considerable importance, and it should have been carefully explored on voir dire.

2005See Cantee v. State, 223 Md. 575, 580 , 165 A.2d 889 (1960) (concluding that the defendant “was denied an opportunity ... to frame additional proper voir dire questions ... and the court failed to ask, on its own motion, as it should have done, a proper question designed to ascertain the existence of cause for disqualification. ...”). *62 On the merits, we agree with Logan that the subject matter of the NCR defense was of considerable importance, and it should have been carefully explored on voir dire.

11
Bond v. Nibco, Inc.green
mdctspecapp · 1993 · cited in 1 Maryland opinions naming this issue, 1997–1997
2 sentences

1997See Bond v. Nibco, Inc., 96 Md.App. 127, 133 , 623 A.2d 731 (1993).

1997See Bond v. Nibco, Inc., 96 Md.App. 127, 133 , 623 A.2d 731 (1993).

11
Cole v. Stategreen
md · 1963 · cited in 1 Maryland opinions naming this issue, 1970–1970
1 sentence

1970Such presumption goes to jurisdiction or venue, not to guilt. 5 We note the questions whether such presumption should be extended to cover a situation where the defendant-forger was not himself the utterer, or even whether a presumption can be based on the fact that the forged checks were found in a forged state in Maryland were said in Cole , at 117, to be open to question and not therein answered.

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
Logan v. State green
mdctspecapp · 2005
2 sentences

2006On that basis, if the court below was not satisfied with the form, it could have reformulated the questions or allowed defense counsel to do so.” Logan, 164 Md.App. at 61 , 882 A.2d at 364 .

2006On that basis, if the court below was not satisfied with the form, it could have reformulated the questions or allowed defense counsel to do so.” Logan, 164 Md.App. at 61 , 882 A.2d at 364 .

12006–2006
Condon v. State green
md · 1993
2 sentences

1999Condon v. State of Marylandr-University of Maryland, 332 Md. 481, 492 , 632 A.2d 753 (1993); Welsh, 308 Md. at 58-59 , 521 A.2d 313 . *398 The Court of Appeals has set out the preliminary questions when the defense of sovereign immunity has been raised: (1) whether the entity asserting immunity qualifies for its protection; and, if so, (2) whether the legislature has waived immunity, either directly or by necessary implication, in a manner that would render the defense of immunity unavailable.

1999Condon v. State of Marylandr-University of Maryland, 332 Md. 481, 492 , 632 A.2d 753 (1993); Welsh, 308 Md. at 58-59 , 521 A.2d 313 . *398 The Court of Appeals has set out the preliminary questions when the defense of sovereign immunity has been raised: (1) whether the entity asserting immunity qualifies for its protection; and, if so, (2) whether the legislature has waived immunity, either directly or by necessary implication, in a manner that would render the defense of immunity unavailable.

11999–1999
Department of Natural Resources v. Welsh green
md · 1987
2 sentences

1999Condon v. State of Marylandr-University of Maryland, 332 Md. 481, 492 , 632 A.2d 753 (1993); Welsh, 308 Md. at 58-59 , 521 A.2d 313 . *398 The Court of Appeals has set out the preliminary questions when the defense of sovereign immunity has been raised: (1) whether the entity asserting immunity qualifies for its protection; and, if so, (2) whether the legislature has waived immunity, either directly or by necessary implication, in a manner that would render the defense of immunity unavailable.

1999Condon v. State of Marylandr-University of Maryland, 332 Md. 481, 492 , 632 A.2d 753 (1993); Welsh, 308 Md. at 58-59 , 521 A.2d 313 . *398 The Court of Appeals has set out the preliminary questions when the defense of sovereign immunity has been raised: (1) whether the entity asserting immunity qualifies for its protection; and, if so, (2) whether the legislature has waived immunity, either directly or by necessary implication, in a manner that would render the defense of immunity unavailable.

11999–1999
ARA Health Services, Inc. v. Department of Public Safety & Correctional Services green
md · 1996
2 sentences

1999ARA, 344 Md. at 92 , 685 A.2d 435 .

1999ARA, 344 Md. at 92 , 685 A.2d 435 .

11999–1999
State v. Peterson green
md · 1989
2 sentences

1989Maryland Rule 4-848(c) provides that in capital sentencing cases and in the absence of disqualification or disability, “the judge who presides at trial shall preside at the sentencing proceeding.” Without deciding the questions of whether that rule has direct application to a second sentencing hearing after remand, or is subject to the same interpretation this Court recently afforded Rule 4-846(c) in State v. Peterson, 315 Md. 73 , 553 A.2d 672 (1989), it is at least clear that there is a stated preference that the judge who presided at the trial also preside at sentencing.

1989Maryland Rule 4-848(c) provides that in capital sentencing cases and in the absence of disqualification or disability, “the judge who presides at trial shall preside at the sentencing proceeding.” Without deciding the questions of whether that rule has direct application to a second sentencing hearing after remand, or is subject to the same interpretation this Court recently afforded Rule 4-846(c) in State v. Peterson, 315 Md. 73 , 553 A.2d 672 (1989), it is at least clear that there is a stated preference that the judge who presided at the trial also preside at sentencing.

11989–1989

Where else courts name it

TX 25 (1936–2024) IL 24 (1972–2015) NY 20 (1898–2016) OH 19 (1927–2024) CA 17 (1931–2025) PA 15 (1926–2020) MA 11 (1917–2016) GA 8 (1897–2025) MD 7 (1970–2009) DC 6 (1979–2021) KS 6 (1933–2017) NC 5 (1964–2007) CT 5 (1952–2017) MI 5 (1921–2015) IA 5 (1914–2021) MT 5 (1930–2026) FL 5 (1951–2010) NE 4 (1909–2020) UT 4 (1988–2024) MO 4 (1911–2013) NJ 4 (2008–2025) WI 4 (1932–1998) WA 4 (2009–2025) AL 3 (1930–2001) SD 3 (1893–2022) AR 3 (1925–1979) SC 3 (1938–2003) WV 2 (1900–1992) HI 2 (1949–2025) TN 2 (1947–2010) IN 2 (1908–1988) RI 2 (2006–2025) OK 2 (1934–1974) MS 2 (1994–1994) NV 2 (1913–1983) MN 2 (2001–2010)

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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