personal privilege (Maryland) · Go Syfert
← Maryland issues

personal privilege in Maryland

52 Maryland opinions name it 2 courts 1870–2023 2 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 (28)

CaseFollowedCited
James v. Prince George's Countygreen
md · 1980 · cited in 5 Maryland opinions naming this issue, 2001–2020
2 sentences

2020Id. at 242–43; see also James v. Prince George’s Cty., 288 Md. 315, 332 (1980) (“As a general rule . . . the master remains liable for the servant’s conduct even through the servant himself is not liable because of a personal immunity.”).

2018See also James v. Prince George's Cnty. , 288 Md. 315 , 332, 418 A.2d 1173 (1980) ("As a general rule ... the master remains liable for the servant's conduct even though the servant is himself not liable because of a personal immunity.").

55
Chase v. Stategreen
md · 1987 · cited in 2 Maryland opinions naming this issue, 1992–1992
2 sentences

1992See, e.g., Henry v. State, 324 Md. 204, 226 , 596 A.2d 1024, 1035 (1991) (although trial judge discouraged defendant from participating in bench conferences, defendant’s right to be present was waived by his counsel’s acquiescence), cert. denied, — U.S. -, 112 S.Ct. 1590 , 118 L.Ed.2d 307 (1992); Chase v. State, 309 Md. 224, 235-36 , 522 A.2d 1348, 1353-54 (1987) (defendant’s right to be present during the entire adjudicatory phase of a revocation of probation hearing may be waived by counsel without the personal waiver of the defendant); Noble v. State, 293 Md. 549, 556 , 446 A.2d 844, 847 (1

1992See, e.g., Henry v. State, 324 Md. 204, 226 , 596 A.2d 1024, 1035 (1991) (although trial judge discouraged defendant from participating in bench conferences, defendant’s right to be present was waived by his counsel’s acquiescence), cert. denied, — U.S. -, 112 S.Ct. 1590 , 118 L.Ed.2d 307 (1992); Chase v. State, 309 Md. 224, 235-36 , 522 A.2d 1348, 1353-54 (1987) (defendant’s right to be present during the entire adjudicatory phase of a revocation of probation hearing may be waived by counsel without the personal waiver of the defendant); Noble v. State, 293 Md. 549, 556 , 446 A.2d 844, 847 (1

22
Henry v. Stategreen
md · 1991 · cited in 2 Maryland opinions naming this issue, 1992–1992
2 sentences

1992See, e.g., Henry v. State, 324 Md. 204, 226 , 596 A.2d 1024, 1035 (1991) (although trial judge discouraged defendant from participating in bench conferences, defendant’s right to be present was waived by his counsel’s acquiescence), cert. denied, — U.S. -, 112 S.Ct. 1590 , 118 L.Ed.2d 307 (1992); Chase v. State, 309 Md. 224, 235-36 , 522 A.2d 1348, 1353-54 (1987) (defendant’s right to be present during the entire adjudicatory phase of a revocation of probation hearing may be waived by counsel without the personal waiver of the defendant); Noble v. State, 293 Md. 549, 556 , 446 A.2d 844, 847 (1

1992See, e.g., Henry v. State, 324 Md. 204, 226 , 596 A.2d 1024, 1035 (1991) (although trial judge discouraged defendant from participating in bench conferences, defendant’s right to be present was waived by his counsel’s acquiescence), cert. denied, — U.S. -, 112 S.Ct. 1590 , 118 L.Ed.2d 307 (1992); Chase v. State, 309 Md. 224, 235-36 , 522 A.2d 1348, 1353-54 (1987) (defendant’s right to be present during the entire adjudicatory phase of a revocation of probation hearing may be waived by counsel without the personal waiver of the defendant); Noble v. State, 293 Md. 549, 556 , 446 A.2d 844, 847 (1

22
Hanus v. Sodorogreen
scotus · 1992 · cited in 2 Maryland opinions naming this issue, 1992–1992
2 sentences

1992See, e.g., Henry v. State, 324 Md. 204, 226 , 596 A.2d 1024, 1035 (1991) (although trial judge discouraged defendant from participating in bench conferences, defendant’s right to be present was waived by counsel’s silence and defendant’s acquiescence), ce rt. denied, — U.S. —, 112 S.Ct. 1590 , 118 L.Ed.2d 307 (1992); Chase v. State, 309 Md. 224, 235-36 , 522 A.2d 1348, 1353-54 (1987) (defendant’s right to be present when evidence was presented by stipulation during adjudicatory phase of a revocation of probation hearing may be waived by counsel with the defendant’s acquiescence without the per

1992See, e.g., Henry v. State, 324 Md. 204, 226 , 596 A.2d 1024, 1035 (1991) (although trial judge discouraged defendant from participating in bench conferences, defendant’s right to be present was waived by his counsel’s acquiescence), cert. denied, — U.S. -, 112 S.Ct. 1590 , 118 L.Ed.2d 307 (1992); Chase v. State, 309 Md. 224, 235-36 , 522 A.2d 1348, 1353-54 (1987) (defendant’s right to be present during the entire adjudicatory phase of a revocation of probation hearing may be waived by counsel without the personal waiver of the defendant); Noble v. State, 293 Md. 549, 556 , 446 A.2d 844, 847 (1

22
Williams v. Stategreen
md · 1981 · cited in 7 Maryland opinions naming this issue, 1982–2016
2 sentences

1995In Williams v. State, 292 Md. 201 , 438 A.2d 1301 (1981), the Court explained: With respect to all criminal trials or parts of trials ... an effective waiver of the defendant’s right to be present at every stage of the trial will not always require a personal waiver by the defendant.

1995In Williams v. State, 292 Md. 201 , 438 A.2d 1301 (1981), the Court explained: With respect to all criminal trials or parts of trials ... an effective waiver of the defendant’s right to be present at every stage of the trial will not always require a personal waiver by the defendant.

17
Scott v. Stategreen
md · 1965 · cited in 2 Maryland opinions naming this issue, 1967–2023
2 sentences

2023Scott v. State, 238 Md. 265, 275 (1965).

1967Scott v. State, 238 Md. 265 , 208 A. 2d 575 ; Sweeney v. State, 1 Md.

12
Noble v. Stategreen
md · 1982 · cited in 2 Maryland opinions naming this issue, 1991–1992
2 sentences

1992See, e.g., Henry v. State, 324 Md. 204, 226 , 596 A.2d 1024, 1035 (1991) (although trial judge discouraged defendant from participating in bench conferences, defendant’s right to be present was waived by his counsel’s acquiescence), cert. denied, — U.S. -, 112 S.Ct. 1590 , 118 L.Ed.2d 307 (1992); Chase v. State, 309 Md. 224, 235-36 , 522 A.2d 1348, 1353-54 (1987) (defendant’s right to be present during the entire adjudicatory phase of a revocation of probation hearing may be waived by counsel without the personal waiver of the defendant); Noble v. State, 293 Md. 549, 556 , 446 A.2d 844, 847 (1

1992See, e.g., Henry v. State, 324 Md. 204, 226 , 596 A.2d 1024, 1035 (1991) (although trial judge discouraged defendant from participating in bench conferences, defendant’s right to be present was waived by his counsel’s acquiescence), cert. denied, — U.S. -, 112 S.Ct. 1590 , 118 L.Ed.2d 307 (1992); Chase v. State, 309 Md. 224, 235-36 , 522 A.2d 1348, 1353-54 (1987) (defendant’s right to be present during the entire adjudicatory phase of a revocation of probation hearing may be waived by counsel without the personal waiver of the defendant); Noble v. State, 293 Md. 549, 556 , 446 A.2d 844, 847 (1

12
In Re Blessen H.green
md · 2006 · cited in 1 Maryland opinions naming this issue, 2021–2021
2 sentences

2021See, e.g., In re Blessen H., 392 Md. 684, 708 , 898 A.2d 980, 995 (2006).

2021See, e.g., In re Blessen H., 392 Md. 684, 708 , 898 A.2d 980, 995 (2006).

11
Marks v. Stategreen
mdctspecapp · 1990 · cited in 1 Maryland opinions naming this issue, 2019–2019
1 sentence

2019See Marks v. State, 84 Md.

11
Zeller v. Cumberland Truck Salesgreen
sc · 1979 · cited in 1 Maryland opinions naming this issue, 2016–2016
2 sentences

2016See Zeller v. Cumberland Truck Sales, 272 S.C. 558 , 253 S.E.2d 111, 112 (1979) (“The exemption or immunity from service of process, afforded under Section 19-9-110, is a personal privilege or exemption and may be waived by the person otherwise entitled thereto”) (citations omitted); see also 22 C.J.S., Criminal Procedure and Rights of Accused § 49 at 327 (2016) (“Since exemption from arrest is merely a personal privilege, it may be waived, and a party who goes to trial without claiming a privilege from arrest by plea or motion waives any such privilege.”) (footnotes omitted); see generally, E

2016See Zeller v. Cumberland Truck Sales, 272 S.C. 558 , 253 S.E.2d 111, 112 (1979) (“The exemption or immunity from service of process, afforded under Section 19-9-110, is a personal privilege or exemption and may be waived by the person otherwise entitled thereto”) (citations omitted); see also 22 C.J.S., Criminal Procedure and Rights of Accused § 49 at 327 (2016) (“Since exemption from arrest is merely a personal privilege, it may be waived, and a party who goes to trial without claiming a privilege from arrest by plea or motion waives any such privilege.”) (footnotes omitted); see generally, E

11
People v. Rickelmangreen
illappct · 1968 · cited in 1 Maryland opinions naming this issue, 2016–2016
2 sentences

2016See Zeller v. Cumberland Truck Sales, 272 S.C. 558 , 253 S.E.2d 111, 112 (1979) (“The exemption or immunity from service of process, afforded under Section 19-9-110, is a personal privilege or exemption and may be waived by the person otherwise entitled thereto”) (citations omitted); see also 22 C.J.S., Criminal Procedure and Rights of Accused § 49 at 327 (2016) (“Since exemption from arrest is merely a personal privilege, it may be waived, and a party who goes to trial without claiming a privilege from arrest by plea or motion waives any such privilege.”) (footnotes omitted); see generally, E

2016See Zeller v. Cumberland Truck Sales, 272 S.C. 558 , 253 S.E.2d 111, 112 (1979) (“The exemption or immunity from service of process, afforded under Section 19-9-110, is a personal privilege or exemption and may be waived by the person otherwise entitled thereto”) (citations omitted); see also 22 C.J.S., Criminal Procedure and Rights of Accused § 49 at 327 (2016) (“Since exemption from arrest is merely a personal privilege, it may be waived, and a party who goes to trial without claiming a privilege from arrest by plea or motion waives any such privilege.”) (footnotes omitted); see generally, E

11
In Re Emmettgreen
calctapp · 1932 · cited in 1 Maryland opinions naming this issue, 2016–2016
2 sentences

2016See Zeller v. Cumberland Truck Sales, 272 S.C. 558 , 253 S.E.2d 111, 112 (1979) (“The exemption or immunity from service of process, afforded under Section 19-9-110, is a personal privilege or exemption and may be waived by the person otherwise entitled thereto”) (citations omitted); see also 22 C.J.S., Criminal Procedure and Rights of Accused § 49 at 327 (2016) (“Since exemption from arrest is merely a personal privilege, it may be waived, and a party who goes to trial without claiming a privilege from arrest by plea or motion waives any such privilege.”) (footnotes omitted); see generally, E

2016See Zeller v. Cumberland Truck Sales, 272 S.C. 558 , 253 S.E.2d 111, 112 (1979) (“The exemption or immunity from service of process, afforded under Section 19-9-110, is a personal privilege or exemption and may be waived by the person otherwise entitled thereto”) (citations omitted); see also 22 C.J.S., Criminal Procedure and Rights of Accused § 49 at 327 (2016) (“Since exemption from arrest is merely a personal privilege, it may be waived, and a party who goes to trial without claiming a privilege from arrest by plea or motion waives any such privilege.”) (footnotes omitted); see generally, E

11
McElroy v. Stategreen
md · 1993 · cited in 1 Maryland opinions naming this issue, 2015–2015
2 sentences

2015See McElroy v. State, 329 Md. 136, 140-41 , 617 A.2d 1068, 1070-71 (1993) (“As to those fundamental rights, intelligent and knowing waiver requires that the petitioner’s knowledge of the right and the petitioner’s personal waiver of the right be reflected on the record.

2015See McElroy v. State, 329 Md. 136, 140-41 , 617 A.2d 1068, 1070-71 (1993) (“As to those fundamental rights, intelligent and knowing waiver requires that the petitioner’s knowledge of the right and the petitioner’s personal waiver of the right be reflected on the record.

11
Goss v. C.A.N. Wildlife Trust, Inc.green
mdctspecapp · 2004 · cited in 1 Maryland opinions naming this issue, 2012–2012
2 sentences

2012Wildlife Trust, Inc., 157 Md.App. 447, 457 , 852 A.2d 996, 1002 (2004) *290 (stating that “a license is merely a personal privilege to do some particular act ... on [another’s] land without possessing any estate or interest therein, while an easement is an interest in land that grants the right to use that land for a specific purpose” (internal quotations omitted)); State ex rel.

2012Wildlife Trust, Inc., 157 Md.App. 447, 457 , 852 A.2d 996, 1002 (2004) *290 (stating that “a license is merely a personal privilege to do some particular act ... on [another’s] land without possessing any estate or interest therein, while an easement is an interest in land that grants the right to use that land for a specific purpose” (internal quotations omitted)); State ex rel.

11
State Ex Rel. Shorett v. Blue Ridge Club, Inc.green
wash · 1945 · cited in 1 Maryland opinions naming this issue, 2012–2012
2 sentences

2012Shorett v. Blue Ridge Club, 22 Wash.2d 487 , 156 P.2d 667, 671 (1945) (holding that because public use of a beach was permissive, “[t]he public [was] a licensee and as such could be excluded from the whole area at any time by the title owner”).

2012Shorett v. Blue Ridge Club, 22 Wash.2d 487 , 156 P.2d 667, 671 (1945) (holding that because public use of a beach was permissive, “[t]he public [was] a licensee and as such could be excluded from the whole area at any time by the title owner”).

11
Gianakos, Ex'r v. Magirosgreen
md · 1965 · cited in 1 Maryland opinions naming this issue, 2009–2009
2 sentences

2009In Gianakos v. Magiros, 238 Md. 178, 186 , 208 A.2d 718, 723 (1965), we explained: If an administrator is properly appointed by the court having jurisdiction, he is not disqualified by the filing of a personal claim against the estate; nor, as administrator, is he required to avail himself of a defense of limitations against such a claim.

2009In Gianakos v. Magiros, 238 Md. 178, 186 , 208 A.2d 718, 723 (1965), we explained: If an administrator is properly appointed by the court having jurisdiction, he is not disqualified by the filing of a personal claim against the estate; nor, as administrator, is he required to avail himself of a defense of limitations against such a claim.

11
In Re Adoption/Guardianship No. 93321055/CADgreen
md · 1997 · cited in 1 Maryland opinions naming this issue, 2006–2006
11
Pugh v. St. Louis Police Relief Assn.green
· 1944 · cited in 1 Maryland opinions naming this issue, 1998–1998
11
State v. Stunklegreen
kan · 1889 · cited in 1 Maryland opinions naming this issue, 1998–1998
11
Green v. Stategreen
md · 1882 · cited in 1 Maryland opinions naming this issue, 1998–1998
11
Rusk v. Ruskgreen
moctapp · 1993 · cited in 1 Maryland opinions naming this issue, 1998–1998
11
Curtis v. Stategreen
md · 1979 · cited in 1 Maryland opinions naming this issue, 1992–1992
11
Howell v. Stategreen
mdctspecapp · 1991 · cited in 1 Maryland opinions naming this issue, 1992–1992
11
State v. Kenneygreen
md · 1992 · cited in 1 Maryland opinions naming this issue, 1992–1992
11
State v. Magwoodgreen
md · 1981 · cited in 1 Maryland opinions naming this issue, 1992–1992
11
Cohen v. Stategreen
md · 1937 · cited in 1 Maryland opinions naming this issue, 1981–1981
11
Hunter v. Stategreen
md · 1949 · cited in 1 Maryland opinions naming this issue, 1981–1981
11
John Owen Tyler v. United Statesgreen
ca5 · 1968 · cited in 1 Maryland opinions naming this issue, 1981–1981
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 (52)

CaseCitedYears
Shipley v. Fink green
md · 1905
2 sentences

2006While an easement implies an interest in land, a license is merely a personal privilege to do some particular act or series of acts on land without possessing any estate or interest therein.” Laurie, 184 Md. at 320-21 , 41 A.2d 66 (citing Shipley v. Fink, 102 Md. 219, 226 , 62 A. 360 (1905)).

2006While an easement implies an interest in land, a license is merely a personal privilege to do some particular act or series of acts on land without possessing any estate or interest therein.” Laurie, 184 Md. at 320-21 , 41 A.2d 66 (citing Shipley v. Fink, 102 Md. 219, 226 , 62 A. 360 (1905)).

41945–2006
Condry v. Laurie green
md · 1945
2 sentences

2011While an easement implies an interest in land, a license is merely a personal privilege to do some particular act or series of acts on land without possessing any estate or interest therein.” Condry v. Laurie, 184 Md. 317, 320 , 41 A.2d 66 (1945) (citations omitted).

2011While an easement implies an interest in land, a license is merely a personal privilege to do some particular act or series of acts on land without possessing any estate or interest therein.” Condry v. Laurie, 184 Md. 317, 320 , 41 A.2d 66 (1945) (citations omitted).

31996–2011
McClintic-Marshall Co. v. Ford Motor Co. green
mich · 1931
2 sentences

1984Shipley v. Fink, 102 Md. 219, 226 , 62 A. 360 ; McClintic-Marshall Co. v. Ford Motor Co., 254 Mich. 305 , 236 N.W. 792 , 77 A.L.R. 807, 812 .

1984Shipley v. Fink, 102 Md. 219, 226 , 62 A. 360 ; McClintic-Marshall Co. v. Ford Motor Co., 254 Mich. 305 , 236 N.W. 792 , 77 A.L.R. 807, 812 .

31945–1984
Johnson v. Zerbst green
scotus · 1938
2 sentences

2006The intermediate appellate court noted that, although CINA proceedings implicate the fundamental right of a parent to raise his or her children, thereby demanding a certain level of due process, it is less than that owed an individual who faces the loss of personal liberty, and therefore, a personal waiver under the Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938), standard was not required.

2006The intermediate appellate court noted that, although CINA proceedings implicate the fundamental right of a parent to raise his or her children, thereby demanding a certain level of due process, it is less than that owed an individual who faces the loss of personal liberty, and therefore, a personal waiver under the Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938), standard was not required.

22005–2006
Sweeney v. State neutral
mdctspecapp · 1967
2 sentences

1971Even though the suspension of a sentence and the grant of probation is a personal privilege and a matter of grace, the revocation of which is directed to the sound discretion of the trial court, Sweeney v. State, 1 Md.

1967Scott v. State, 238 Md. 265 , 208 A. 2d 575 ; Sweeney v. State, 1 Md.

21967–1971
Transcare Maryland, Inc. v. Murray green
md · 2013
1 sentence

2020Id. at 242–43; see also James v. Prince George’s Cty., 288 Md. 315, 332 (1980) (“As a general rule . . . the master remains liable for the servant’s conduct even through the servant himself is not liable because of a personal immunity.”).

12020–2020
D'AOUST v. Diamond green
md · 2012
2 sentences

2013As this Court recently stated: “The principal in an agency relationship is not entitled to receive immunity simply because the agent is entitled to receive immunity; the principal must establish an independent basis to receive the benefit of an immunity shield---- [UJnless there is an independent source of immunity for the employer or principal, the cause of action premised on vicarious liability can be brought even if the employee or agent is entitled to immunity.” D’Aoust v. Diamond, 424 Md. 549, 605-07 , 36 A.3d 941 (2012); see also James v. Prince George’s County, 288 Md. 315, 332 , 418 A.

2013As this Court recently stated: “The principal in an agency relationship is not entitled to receive immunity simply because the agent is entitled to receive immunity; the principal must establish an independent basis to receive the benefit of an immunity shield---- [UJnless there is an independent source of immunity for the employer or principal, the cause of action premised on vicarious liability can be brought even if the employee or agent is entitled to immunity.” D’Aoust v. Diamond, 424 Md. 549, 605-07 , 36 A.3d 941 (2012); see also James v. Prince George’s County, 288 Md. 315, 332 , 418 A.

12013–2013
Zimmerman v. Summers green
mdctspecapp · 1975
2 sentences

2011A license may be revoked expressly, “at the pleasure of the party making it,” Rau v. Collins, 167 Md.App. 176, 192 , 891 A.2d 1175 (2006), or implicitly, “by the transfer of ownership of either the land subject to the license or the land for the benefit of which the license was given.” Zimmerman v. Summers, 24 Md.App. 100, 124 , 330 A.2d 722 (1975) (emphasis added).

2011A license may be revoked expressly, “at the pleasure of the party making it,” Rau v. Collins, 167 Md.App. 176, 192 , 891 A.2d 1175 (2006), or implicitly, “by the transfer of ownership of either the land subject to the license or the land for the benefit of which the license was given.” Zimmerman v. Summers, 24 Md.App. 100, 124 , 330 A.2d 722 (1975) (emphasis added).

12011–2011
Rau v. Collins green
mdctspecapp · 2006
2 sentences

2011A license may be revoked expressly, “at the pleasure of the party making it,” Rau v. Collins, 167 Md.App. 176, 192 , 891 A.2d 1175 (2006), or implicitly, “by the transfer of ownership of either the land subject to the license or the land for the benefit of which the license was given.” Zimmerman v. Summers, 24 Md.App. 100, 124 , 330 A.2d 722 (1975) (emphasis added).

2011A license may be revoked expressly, “at the pleasure of the party making it,” Rau v. Collins, 167 Md.App. 176, 192 , 891 A.2d 1175 (2006), or implicitly, “by the transfer of ownership of either the land subject to the license or the land for the benefit of which the license was given.” Zimmerman v. Summers, 24 Md.App. 100, 124 , 330 A.2d 722 (1975) (emphasis added).

12011–2011
United States v. White green
scotus · 1944
2 sentences

2010As the Braswell Court describes the doctrine, [r]epresentatives of a "collective group" act as agents "[a]nd the official records and documents of the organization that are held by them in a representative *528 rather than in a personal capacity cannot be the subject of the personal privilege against self-incrimination, even though production of the papers might tend to incriminate them personally." 487 U.S. at 107 , 108 S.Ct. 2284 (quoting White, 322 U.S. at 699 , 64 S.Ct. 1248 ). [4] Of relevance to the parties' dispute in the present case, the Braswell Court rejected the argument that, in t

2010As the Braswell Court describes the doctrine, [r]epresentatives of a "collective group" act as agents "[a]nd the official records and documents of the organization that are held by them in a representative *528 rather than in a personal capacity cannot be the subject of the personal privilege against self-incrimination, even though production of the papers might tend to incriminate them personally." 487 U.S. at 107 , 108 S.Ct. 2284 (quoting White, 322 U.S. at 699 , 64 S.Ct. 1248 ). [4] Of relevance to the parties' dispute in the present case, the Braswell Court rejected the argument that, in t

12010–2010
Braswell v. United States green
scotus · 1988
2 sentences

2010As the Braswell Court describes the doctrine, [r]epresentatives of a "collective group" act as agents "[a]nd the official records and documents of the organization that are held by them in a representative *528 rather than in a personal capacity cannot be the subject of the personal privilege against self-incrimination, even though production of the papers might tend to incriminate them personally." 487 U.S. at 107 , 108 S.Ct. 2284 (quoting White, 322 U.S. at 699 , 64 S.Ct. 1248 ). [4] Of relevance to the parties' dispute in the present case, the Braswell Court rejected the argument that, in t

2010As the Braswell Court describes the doctrine, [r]epresentatives of a "collective group" act as agents "[a]nd the official records and documents of the organization that are held by them in a representative *528 rather than in a personal capacity cannot be the subject of the personal privilege against self-incrimination, even though production of the papers might tend to incriminate them personally." 487 U.S. at 107 , 108 S.Ct. 2284 (quoting White, 322 U.S. at 699 , 64 S.Ct. 1248 ). [4] Of relevance to the parties' dispute in the present case, the Braswell Court rejected the argument that, in t

12010–2010
Jones v. State green
md · 1998
12006–2006
Mathews v. Eldridge green
scotus · 1976
2 sentences

2006Ms. H. further asserts that, under the balancing test enumerated by the Supreme Court in Mathews v. Eldridge, 424 U.S. 319 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976), and employed by this Court in In re Adoption/Guardianship No. 93321055/ CAD, 344 Md. 458, 491 , 687 A.2d 681, 697 (1997), we are compelled to require the stricter standard of waiver to CINA adjudicatory hearings because the State’s interest in expediting CINA proceedings pales in comparison to the fundamentally important right of parents to raise their children, and the high risk of erroneous deprivation of that right in proceedings w

2006Ms. H. further asserts that, under the balancing test enumerated by the Supreme Court in Mathews v. Eldridge, 424 U.S. 319 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976), and employed by this Court in In re Adoption/Guardianship No. 93321055/ CAD, 344 Md. 458, 491 , 687 A.2d 681, 697 (1997), we are compelled to require the stricter standard of waiver to CINA adjudicatory hearings because the State’s interest in expediting CINA proceedings pales in comparison to the fundamentally important right of parents to raise their children, and the high risk of erroneous deprivation of that right in proceedings w

12006–2006
Zetty v. Piatt green
md · 2001
2 sentences

2006Id. at 158 , 776 A.2d at 641 .

2006Id. at 158 , 776 A.2d at 641 .

12006–2006
Hersch v. State green
md · 1989
2 sentences

2006In Hersch v. State, 317 Md. 200 , 562 A.2d 1254 (1989), for example, this Court explored whether an attorney could waive the defendant’s right to a contested probation revocation hearing or whether the waiver had to be elicited from the defendant himself.

2006In Hersch v. State, 317 Md. 200 , 562 A.2d 1254 (1989), for example, this Court explored whether an attorney could waive the defendant’s right to a contested probation revocation hearing or whether the waiver had to be elicited from the defendant himself.

12006–2006
Griffith v. Montgomery County green
mdctspecapp · 1984
12004–2004
Howell v. Bethlehem-Sparrows Point Shipyard, Inc. green
md · 1948
12003–2003
Capron v. Mandel green
md · 1968
12003–2003
Eagan v. Calhoun green
md · 1997
12002–2002
DiPino v. Davis green
md · 1999
12001–2001
Vanderbilt v. Vanderbilt green
scotus · 1957
12000–2000
Swanson v. Wilde green
mdctspecapp · 1988
11998–1998
Townsend v. Burbank green
scotus · 1867
11996–1996
De Haro v. United States green
scotus · 1867
11996–1996
Globe American Casualty Co. v. Boo Hyun Chung green
md · 1991
11996–1996
Globe American Casualty Co. v. Boo Hyun Chung green
mdctspecapp · 1988
11996–1996
Kenney v. State neutral
mdctspecapp · 1991
11992–1992
LaFleur Ex Rel. Anderson v. Frost green
me · 1951
11992–1992
Kennard v. State green
md · 1940
11981–1981
Wilhelm v. State green
md · 1974
11981–1981
Golding Bros. v. Dumaine neutral
scotus · 1938
11981–1981
Mayor of Baltimore v. Brack green
md · 1939
11976–1976
Boykin v. Alabama green
scotus · 1969
11974–1974
English v. State green
mdctspecapp · 1973
11974–1974
Swan v. State green
md · 1952
11967–1967
Talbert v. Reeves green
md · 2001
11965–1965
Brown v. State green
ind · 1941
11956–1956
Delnegro v. State green
md · 1951
11952–1952
Frankel v. State of Maryland green
md · 1940
11952–1952
Bevans v. State green
md · 1942
11952–1952

Statutes the citing opinions construe

USC § 42u.s.c.1983 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 321 (1887–2026) IL 202 (1880–2026) NY 157 (1807–2025) CT 114 (1921–2026) PA 84 (1888–2026) MO 81 (1885–2025) TX 71 (1877–2024) IN 65 (1873–2025) GA 61 (1849–2024) OK 61 (1912–2020) OH 55 (1818–2025) MD 52 (1870–2023) MI 49 (1860–2025) AL 48 (1844–2025) FL 46 (1899–2025) TN 45 (1877–2018) LA 37 (1936–2026) WI 36 (1879–2021) CO 35 (1887–2021) AZ 34 (1913–2025) MA 31 (1825–2024) VA 30 (1851–2026) NJ 30 (1877–2026) IA 29 (1865–2026) OR 28 (1897–2023) WA 27 (1916–2024) MN 27 (1877–2026) NC 26 (1904–2025) NE 24 (1893–2018) RI 20 (1928–2017) MS 20 (1938–2020) KS 20 (1889–2026) SD 20 (1894–2023) WV 19 (1898–2023) DC 18 (1970–2022) HI 18 (1908–2025) SC 16 (1886–2025) KY 15 (1910–2025) MT 14 (1919–2019) NM 13 (1973–2022) NH 13 (1857–2023) ND 13 (1921–2025) ID 13 (1908–2020) WY 12 (1924–2013) AK 11 (1963–2024) DE 11 (1958–2025) AR 10 (1907–2001) NV 8 (1943–2008) ME 7 (1926–2023) UT 6 (1967–2020) VT 6 (1912–2011) VI 5 (1997–2025) PR 2 (1907–1949)

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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