Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 Maryland opinions name it 2 courts 1949–1976 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 |
|---|---|---|
Bartholomey v. Stategreen2 sentences1971While it is true that in Bartholomey v. State, 260 Md. 504, 513, 533 , 273 A. 2d 164 (1971), we did consider and discuss the question of competency of counsel even though it had not been raised below, yet, in the instant case we find nothing in the record which would justify this Court in deviating from the rule that such an issue is properly a matter for post conviction relief should the accused so elect, and we state this without prejudice to the appellant to raise such an issue by way of post conviction procedure. 1971While it is true that in Bartholomey v. State, 260 Md. 504, 513, 533 , 273 A. 2d 164 (1971), we did consider and discuss the question of competency of counsel even though it had not been raised below, yet, in the instant case we find nothing in the record which would justify this Court in deviating from the rule that such an issue is properly a matter for post conviction relief should the accused so elect, and we state this without prejudice to the appellant to raise such an issue by way of post conviction procedure. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Kirby Lumber Co
green
1 sentence1976He relies on Brookhart v. Janis, 284 U. S. 1 , 86 S. Ct. 1245 , 16 L.Ed.2d 314 (1966), which he contends held that a stipulated statement of facts was tantamount to a plea of guilty and therefore the accused must be advised of all of the rights set out in Boykin v. Alabama, 395 U. S. 238 , 89 S. Ct. 1709 , 23 L.Ed.2d 274 (1969), wherein it was held that an accused entering a guilty plea must be advised and understand his right to a jury trial, his right to be confronted by the witnesses against him and that in such a trial the fact that he did not testify could not be used to infer guilt. | 1 | 1976–1976 |
Brookhart v. Janis
green
2 sentences1976He relies on Brookhart v. Janis, 284 U. S. 1 , 86 S. Ct. 1245 , 16 L.Ed.2d 314 (1966), which he contends held that a stipulated statement of facts was tantamount to a plea of guilty and therefore the accused must be advised of all of the rights set out in Boykin v. Alabama, 395 U. S. 238 , 89 S. Ct. 1709 , 23 L.Ed.2d 274 (1969), wherein it was held that an accused entering a guilty plea must be advised and understand his right to a jury trial, his right to be confronted by the witnesses against him and that in such a trial the fact that he did not testify could not be used to infer guilt. 1976He relies on Brookhart v. Janis, 284 U. S. 1 , 86 S. Ct. 1245 , 16 L.Ed.2d 314 (1966), which he contends held that a stipulated statement of facts was tantamount to a plea of guilty and therefore the accused must be advised of all of the rights set out in Boykin v. Alabama, 395 U. S. 238 , 89 S. Ct. 1709 , 23 L.Ed.2d 274 (1969), wherein it was held that an accused entering a guilty plea must be advised and understand his right to a jury trial, his right to be confronted by the witnesses against him and that in such a trial the fact that he did not testify could not be used to infer guilt. | 1 | 1976–1976 |
Boykin v. Alabama
green
2 sentences1976He relies on Brookhart v. Janis, 284 U. S. 1 , 86 S. Ct. 1245 , 16 L.Ed.2d 314 (1966), which he contends held that a stipulated statement of facts was tantamount to a plea of guilty and therefore the accused must be advised of all of the rights set out in Boykin v. Alabama, 395 U. S. 238 , 89 S. Ct. 1709 , 23 L.Ed.2d 274 (1969), wherein it was held that an accused entering a guilty plea must be advised and understand his right to a jury trial, his right to be confronted by the witnesses against him and that in such a trial the fact that he did not testify could not be used to infer guilt. 1976He relies on Brookhart v. Janis, 284 U. S. 1 , 86 S. Ct. 1245 , 16 L.Ed.2d 314 (1966), which he contends held that a stipulated statement of facts was tantamount to a plea of guilty and therefore the accused must be advised of all of the rights set out in Boykin v. Alabama, 395 U. S. 238 , 89 S. Ct. 1709 , 23 L.Ed.2d 274 (1969), wherein it was held that an accused entering a guilty plea must be advised and understand his right to a jury trial, his right to be confronted by the witnesses against him and that in such a trial the fact that he did not testify could not be used to infer guilt. | 1 | 1976–1976 |
Weinreich, Adm'x v. Walker
green
2 sentences1971The rules concerning when a court is justified in setting aside an enrolled judgment on the basis of improper service of process are set out in Weinreich v. Walker, 236 Md. 290, 296 , 203 A. 2d 854 holding an official return of process, proper on its face, is prima facie true and accurate until the presumption is overcome by proof, and a denial by the person summoned is not sufficient to overcome the presumption. 1971The rules concerning when a court is justified in setting aside an enrolled judgment on the basis of improper service of process are set out in Weinreich v. Walker, 236 Md. 290, 296 , 203 A. 2d 854 holding an official return of process, proper on its face, is prima facie true and accurate until the presumption is overcome by proof, and a denial by the person summoned is not sufficient to overcome the presumption. | 1 | 1971–1971 |
Comptroller of Treasury v. M. E. Rockhill, Inc.
green
1 sentence1964Pursuant to the rule-making authority granted by sec. 36S (a), the Comptroller in 1947, when the Act was first adopted, promulgated Rule 16, reading in pertinent part as follows: “Where tangible personal property is sold subject to a cash discount, the tax applies to the total selling price of the property without any allowance for said cash discount, except in cases of cash sales, where the discount is deducted from the selling price and the net amount due thereon is paid at the time of the sale.” The appellant contends that the rule is invalid, in that it seeks to impose a tax not levied by | 1 | 1964–1964 |
Czaplinski v. Warden of Maryland Penitentiary
green
1 sentence1964The appellant contends that the rule does not authorize an increase in sentence, citing Czaplinski v. Warden, 196 Md. 654, 658 , because of the *372 rule against double jeopardy. | 1 | 1964–1964 |
Tatum v. Commercial Bank & Trust Co.
green
2 sentences1949A statement- to that effect was quoted in State v. Fusting, supra. See also Tatum v. Commercial Bank, 185 Ala. 249 , 64 So. 561 . 1949A statement- to that effect was quoted in State v. Fusting, supra. See also Tatum v. Commercial Bank, 185 Ala. 249 , 64 So. 561 . | 1 | 1949–1949 |
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.