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7 Maryland opinions name it 1 courts 1979–2020 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 |
|---|---|---|
Fried v. Stategreen2 sentences2002In Fried v. State, 42 Md.App. 643 , 402 A.2d 101 (1979), Judge Lowe expressly rejected reliance on United States v. Bayer, 331 U.S. 532 , 67 S.Ct. 1394 , 91 L.Ed. 1654 (1947), on which the appellant bases much of his argument in this case, and held to the contrary. [W]e have held that the doctrine of taint, i.e., the fruit of the poisonous tree, does not follow from a “mere Miranda ” violation, but applies only to confessions involuntarily obtained as by improper inducements and coercion. 42 Md.App. at 646 , 402 A.2d 101 . 2002In Fried v. State, 42 Md.App. 643 , 402 A.2d 101 (1979), Judge Lowe expressly rejected reliance on United States v. Bayer, 331 U.S. 532 , 67 S.Ct. 1394 , 91 L.Ed. 1654 (1947), on which the appellant bases much of his argument in this case, and held to the contrary. [W]e have held that the doctrine of taint, i.e., the fruit of the poisonous tree, does not follow from a “mere Miranda ” violation, but applies only to confessions involuntarily obtained as by improper inducements and coercion. 42 Md.App. at 646 , 402 A.2d 101 . | 2 | 4 |
Bartram v. Stategreen2 sentences1980App. 643, 646 , 402 A.2d 101, 102-03 (1979), that "the doctrine of taint, i.e., fruit of *540 the poisonous tree, does not follow from a 'mere Miranda’ violation, c.f., Bartram v. State, 33 Md. 1979More significantly from a legal point of view, and even assuming appellant’s factual predicate, we have held that the doctrine of taint, i.e., the fruit of the poisonous tree, does not follow from a “mere Miranda" violation, cf. Bartram v. State, 33 Md. | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bartram v. State
green
2 sentences1980App. 115, 163-67 [, 364 A.2d 1119 ] (1976), aff'd 280 Md. 616 [, 374 A.2d 1144 ] (1977), but applies only to confessions involuntarily obtained as by improper inducements or coercion.” (Emphasis in original.) The record in the matter subjudice does not contain any evidence of improper inducement or coercion. 1980App. 115, 163-67 [, 364 A.2d 1119 ] (1976), aff'd 280 Md. 616 [, 374 A.2d 1144 ] (1977), but applies only to confessions involuntarily obtained as by improper inducements or coercion.” (Emphasis in original.) The record in the matter subjudice does not contain any evidence of improper inducement or coercion. | 2 | 1979–1980 |
Wong Sun v. United States
green
2 sentences2020Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963); Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975); United States v. Ceccolini, 435 U.S. 268 , 98 S.Ct. 1054 , 55 L.Ed.2d 268 (1978). 2020Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963); Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975); United States v. Ceccolini, 435 U.S. 268 , 98 S.Ct. 1054 , 55 L.Ed.2d 268 (1978). | 1 | 2020–2020 |
United States v. Ceccolini
green
2 sentences2020Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963); Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975); United States v. Ceccolini, 435 U.S. 268 , 98 S.Ct. 1054 , 55 L.Ed.2d 268 (1978). 2020Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963); Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975); United States v. Ceccolini, 435 U.S. 268 , 98 S.Ct. 1054 , 55 L.Ed.2d 268 (1978). | 1 | 2020–2020 |
Brown v. Illinois
green
2 sentences2020Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963); Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975); United States v. Ceccolini, 435 U.S. 268 , 98 S.Ct. 1054 , 55 L.Ed.2d 268 (1978). 2020Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963); Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975); United States v. Ceccolini, 435 U.S. 268 , 98 S.Ct. 1054 , 55 L.Ed.2d 268 (1978). | 1 | 2020–2020 |
Silverthorne Lumber Co. v. United States
green
2 sentences2016So stated, the ‘independent source’ limitation upon the taint doctrine is unquestionably sound.” In Williams v. State, 372 Md. 386 , 813 A.2d 231 (2002), the Court of Appeals wrote to the same effect: “The Silverthorne [Lumber Co. v. United States, 251 U.S. 385, 392 , 40 S. Ct. 182, 183 , 64 L.Ed. 319 (1920)] Court noted, in dicta, that even if the government obtains knowledge of certain facts in an unlawful manner, as long as knowledge of those facts was derived from a lawful, independent source untainted by the initial illegality, they may be admissible…. 2016So stated, the ‘independent source’ limitation upon the taint doctrine is unquestionably sound.” In Williams v. State, 372 Md. 386 , 813 A.2d 231 (2002), the Court of Appeals wrote to the same effect: “The Silverthorne [Lumber Co. v. United States, 251 U.S. 385, 392 , 40 S. Ct. 182, 183 , 64 L.Ed. 319 (1920)] Court noted, in dicta, that even if the government obtains knowledge of certain facts in an unlawful manner, as long as knowledge of those facts was derived from a lawful, independent source untainted by the initial illegality, they may be admissible…. | 1 | 2016–2016 |
Williams v. State
green
2 sentences2016So stated, the ‘independent source’ limitation upon the taint doctrine is unquestionably sound.” In Williams v. State, 372 Md. 386 , 813 A.2d 231 (2002), the Court of Appeals wrote to the same effect: “The Silverthorne [Lumber Co. v. United States, 251 U.S. 385, 392 , 40 S. Ct. 182, 183 , 64 L.Ed. 319 (1920)] Court noted, in dicta, that even if the government obtains knowledge of certain facts in an unlawful manner, as long as knowledge of those facts was derived from a lawful, independent source untainted by the initial illegality, they may be admissible…. 2016So stated, the ‘independent source’ limitation upon the taint doctrine is unquestionably sound.” In Williams v. State, 372 Md. 386 , 813 A.2d 231 (2002), the Court of Appeals wrote to the same effect: “The Silverthorne [Lumber Co. v. United States, 251 U.S. 385, 392 , 40 S. Ct. 182, 183 , 64 L.Ed. 319 (1920)] Court noted, in dicta, that even if the government obtains knowledge of certain facts in an unlawful manner, as long as knowledge of those facts was derived from a lawful, independent source untainted by the initial illegality, they may be admissible…. | 1 | 2016–2016 |
United States v. Bayer
green
2 sentences2002In Fried v. State, 42 Md.App. 643 , 402 A.2d 101 (1979), Judge Lowe expressly rejected reliance on United States v. Bayer, 331 U.S. 532 , 67 S.Ct. 1394 , 91 L.Ed. 1654 (1947), on which the appellant bases much of his argument in this case, and held to the contrary. [W]e have held that the doctrine of taint, i.e., the fruit of the poisonous tree, does not follow from a “mere Miranda ” violation, but applies only to confessions involuntarily obtained as by improper inducements and coercion. 42 Md.App. at 646 , 402 A.2d 101 . 2002In Fried v. State, 42 Md.App. 643 , 402 A.2d 101 (1979), Judge Lowe expressly rejected reliance on United States v. Bayer, 331 U.S. 532 , 67 S.Ct. 1394 , 91 L.Ed. 1654 (1947), on which the appellant bases much of his argument in this case, and held to the contrary. [W]e have held that the doctrine of taint, i.e., the fruit of the poisonous tree, does not follow from a “mere Miranda ” violation, but applies only to confessions involuntarily obtained as by improper inducements and coercion. 42 Md.App. at 646 , 402 A.2d 101 . | 1 | 2002–2002 |
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.