right to counsel clause (Maryland) · Go Syfert
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right to counsel clause in Maryland

7 Maryland opinions name it 2 courts 1967–1991 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
State v. Bryangreen
md · 1978 · cited in 1 Maryland opinions naming this issue, 1991–1991
2 sentences

1991State v. Bryan, 284 Md. 152, 158 , 395 A.2d 475, 479 (1978).

1991State v. Bryan, 284 Md. 152, 158 , 395 A.2d 475, 479 (1978).

11
Schneckloth v. Bustamontegreen
scotus · 1973 · cited in 1 Maryland opinions naming this issue, 1976–1976
2 sentences

1976With that far more appropriate point of departure then available, coupled with the opportunity to base the federal and the state confession cases upon the same constitutional footing, the Supreme Court by 1966 began grounding its review of confession cases in state courts in the compulsory self-incrimination clause specifically rather than in the due process clause generally or in the now abandoned ground of the right to counsel clause. 5 Throughout all of the shifts in the basis for review, *462 however, the criterion upon review remained “voluntariness.” See generally Schneckloth v. Bustamon

1976With that far more appropriate point of departure then available, coupled with the opportunity to base the federal and the state confession cases upon the same constitutional footing, the Supreme Court by 1966 began grounding its review of confession cases in state courts in the compulsory self-incrimination clause specifically rather than in the due process clause generally or in the now abandoned ground of the right to counsel clause. 5 Throughout all of the shifts in the basis for review, *462 however, the criterion upon review remained “voluntariness.” See generally Schneckloth v. Bustamon

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 (7)

CaseCitedYears
Gideon v. Wainwright green
scotus · 1963
2 sentences

1991Within a year after Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963) incorporated the Sixth Amendment right to counsel into the due process clause, Escobedo v. Illinois, 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 (1964) added a right-to-counsel violation to the arsenal of constitutional challenges to the admissibility of confessions.

1991Within a year after Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963) incorporated the Sixth Amendment right to counsel into the due process clause, Escobedo v. Illinois, 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 (1964) added a right-to-counsel violation to the arsenal of constitutional challenges to the admissibility of confessions.

21986–1991
Escobedo v. Illinois green
scotus · 1964
2 sentences

1991Within a year after Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963) incorporated the Sixth Amendment right to counsel into the due process clause, Escobedo v. Illinois, 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 (1964) added a right-to-counsel violation to the arsenal of constitutional challenges to the admissibility of confessions.

1991Within a year after Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963) incorporated the Sixth Amendment right to counsel into the due process clause, Escobedo v. Illinois, 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 (1964) added a right-to-counsel violation to the arsenal of constitutional challenges to the admissibility of confessions.

11991–1991
Williams v. State green
md · 1981
2 sentences

1984Williams v. State, 292 Md. 201, 217-218 , 438 A.2d 1301 (1981).

1984Williams v. State, 292 Md. 201, 217-218 , 438 A.2d 1301 (1981).

11984–1984
In Re GAULT green
scotus · 1967
1 sentence

1971He relies on Kemplen v. Maryland, 428 F. 2d 169 (4th cir.) 1970, one of the holdings of which insured juveniles the right to counsel at waiver hearings under the rule in In Re Gault, 387 U. S. 1 , decided 15 May 1967, as interpreted by the Court in the light of Kent v. United States, 383 U. S. 541 , decided 21 May 1966.

11971–1971
Kent v. United States green
scotus · 1966
1 sentence

1971He relies on Kemplen v. Maryland, 428 F. 2d 169 (4th cir.) 1970, one of the holdings of which insured juveniles the right to counsel at waiver hearings under the rule in In Re Gault, 387 U. S. 1 , decided 15 May 1967, as interpreted by the Court in the light of Kent v. United States, 383 U. S. 541 , decided 21 May 1966.

11971–1971
John Wayne Kemplen v. State of Maryland green
ca4 · 1970
1 sentence

1971He relies on Kemplen v. Maryland, 428 F. 2d 169 (4th cir.) 1970, one of the holdings of which insured juveniles the right to counsel at waiver hearings under the rule in In Re Gault, 387 U. S. 1 , decided 15 May 1967, as interpreted by the Court in the light of Kent v. United States, 383 U. S. 541 , decided 21 May 1966.

11971–1971
United States v. Wilkerson green
dcd · 1967
1 sentence

1967United States v. Wilkerson, 262 F. Supp. 596 (D.

11967–1967

Where else courts name it

NY 54 (1967–2026) OR 17 (1986–2016) TX 13 (1968–2023) MN 12 (1991–2018) MD 7 (1967–1991) FL 6 (1970–2017) CT 6 (1985–2017) IA 5 (1984–2020) LA 5 (1991–2006) GA 5 (1966–2023) WA 5 (1970–2011) CA 5 (1971–2024) OH 5 (1975–2020) PA 4 (1972–2023) NJ 4 (1996–2022) ME 3 (1970–2004) AZ 3 (1971–2021) CO 2 (1983–2004) IL 2 (1973–1986) RI 2 (2002–2008) TN 2 (1986–2006) KS 2 (2008–2024) NV 2 (1965–2000) IN 2 (1970–1987) NC 2 (2022–2022)

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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