capacity to understand warning (Maryland) · Go Syfert
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capacity to understand warning in Maryland

6 Maryland opinions name it 3 courts 1987–2026 3 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
McIntyre v. Stategreen
md · 1987 · cited in 3 Maryland opinions naming this issue, 2012–2024
2 sentences

2021We stated that, where a defendant was a juvenile, we must also consider “whether he has the capacity to understand the warnings given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights.” Id. at 615-16 , 526 A.2d at 34 (cleaned up).

2021We stated that, where a defendant was a juvenile, we must also consider “whether he has the capacity to understand the warnings given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights.” Id. at 615-16 , 526 A.2d at 34 (cleaned up).

33
Fare v. Michael C.green
scotus · 1979 · cited in 5 Maryland opinions naming this issue, 1987–2026
2 sentences

2026The totality of the circumstances approach requires an examination of “all the circumstances surrounding the interrogation,” including the individual’s “age, experience, education, background, and intelligence, and . . . whether [the individual] has the capacity to understand the warnings given [to them], the nature of [their] Fifth Amendment rights, and the consequences of waiving those rights.” Id. at 652 (quoting Fare v. Michael C., 442 U.S. 707, 725 (1979)).

2024See, e.g., Fare v. Michael C., 442 U.S. 707, 724-25 (1979) (explaining that waiver is based on the totality of the circumstances, such as the suspect’s “age, experience, education, background, . . . intelligence, and . . . whether [the suspect] has the capacity to understand the warnings given . . ., the nature of . . .

25

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 (1)

CaseCitedYears
Moran v. Burbine green
scotus · 1986
1 sentence

2026The totality of the circumstances approach requires an examination of “all the circumstances surrounding the interrogation,” including the individual’s “age, experience, education, background, and intelligence, and . . . whether [the individual] has the capacity to understand the warnings given [to them], the nature of [their] Fifth Amendment rights, and the consequences of waiving those rights.” Id. at 652 (quoting Fare v. Michael C., 442 U.S. 707, 725 (1979)).

12026–2026

Where else courts name it

CT 34 (1986–2025) CA 24 (1980–2026) VA 18 (1988–2026) AL 12 (1984–2010) NY 9 (1980–2024) MS 9 (1994–2024) OH 8 (2011–2023) LA 8 (1998–2018) DC 8 (1991–2015) FL 8 (1985–2016) IL 7 (1990–2024) MI 7 (1984–2025) TX 6 (2007–2025) ID 6 (1997–2019) MD 6 (1987–2026) SD 5 (1984–2014) WA 5 (1980–2020) NC 5 (2018–2022) VT 5 (1987–1994) AR 4 (1992–2006) WV 4 (1985–2024) WY 4 (1984–2013) RI 3 (1980–2013) GA 2 (2022–2023) MN 2 (1985–2005) PR 2 (1989–2003) ME 2 (1979–1982) ND 2 (1981–1990) PA 2 (1982–1983) NE 2 (2015–2016) TN 2 (1997–1998)

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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