error in a jury instruction (Maryland) · Go Syfert
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error in a jury instruction in Maryland

6 Maryland opinions name it 2 courts 1976–2019 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 (3)

CaseFollowedCited
State v. Wainegreen
md · 2015 · cited in 2 Maryland opinions naming this issue, 2016–2016
2 sentences

2016Except in cases of structural error, see, e.g., State v. Waine, 444 Md. 692, 705 , 122 A.3d 294 (2015), an error in a jury instruction is not grounds for reversal if the error is “harmless.” Nottingham v. State, 227 Md.App. 592, 610 , 135 A.3d 541 (2016).

2016Except in cases of structural error, see, e.g., State v. Waine, 444 Md. 692, 705 , 122 A.3d 294 (2015), an error in a jury instruction is not grounds for reversal if the error is “harmless.” Nottingham v. State, 227 Md.App. 592, 610 , 135 A.3d 541 (2016).

12
Nottingham v. Stategreen
mdctspecapp · 2016 · cited in 2 Maryland opinions naming this issue, 2016–2016
2 sentences

2016Except in cases of structural error, see, e.g., State v. Waine, 444 Md. 692, 705 , 122 A.3d 294 (2015), an error in a jury instruction is not grounds for reversal if the error is “harmless.” Nottingham v. State, 227 Md.App. 592, 610 , 135 A.3d 541 (2016).

2016Except in cases of structural error, see, e.g., State v. Waine, 444 Md. 692, 705 , 122 A.3d 294 (2015), an error in a jury instruction is not grounds for reversal if the error is “harmless.” Nottingham v. State, 227 Md.App. 592, 610 , 135 A.3d 541 (2016).

12
Johnson v. Stategreen
md · 1987 · cited in 1 Maryland opinions naming this issue, 2009–2009
2 sentences

2009See, e.g., Johnson v. State, 310 Md. 681, 686 , 531 A.2d 675 (1987) (stating that only if a party takes exception to an error in a jury instruction does the court have the opportunity to correct it); Morris v. State, 153 Md.App. 480, 509 , 837 A.2d 248 (2003) (noting that “one of the key virtues of the preservation requirement” is that it enables the trial court “to correct an easily correctable mistake”), cert. denied, 380 Md. 618 , 846 A.2d 402 (2004).

2009See, e.g., Johnson v. State, 310 Md. 681, 686 , 531 A.2d 675 (1987) (stating that only if a party takes exception to an error in a jury instruction does the court have the opportunity to correct it); Morris v. State, 153 Md.App. 480, 509 , 837 A.2d 248 (2003) (noting that “one of the key virtues of the preservation requirement” is that it enables the trial court “to correct an easily correctable mistake”), cert. denied, 380 Md. 618 , 846 A.2d 402 (2004).

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 (4)

CaseCitedYears
State v. Brady green
md · 2006
2 sentences

2019Immediately after quoting part of the above dicta in Brady , 393 Md. at 507 -08 , 903 A.2d at 873 , the Majority states: "As such, in the present matter, we do not ascribe any fault to ...

2019Immediately after quoting part of the above dicta in Brady , 393 Md. at 507 -08 , 903 A.2d at 873 , the Majority states: "As such, in the present matter, we do not ascribe any fault to ...

22019–2019
Morris v. State green
mdctspecapp · 2003
2 sentences

2009See, e.g., Johnson v. State, 310 Md. 681, 686 , 531 A.2d 675 (1987) (stating that only if a party takes exception to an error in a jury instruction does the court have the opportunity to correct it); Morris v. State, 153 Md.App. 480, 509 , 837 A.2d 248 (2003) (noting that “one of the key virtues of the preservation requirement” is that it enables the trial court “to correct an easily correctable mistake”), cert. denied, 380 Md. 618 , 846 A.2d 402 (2004).

2009See, e.g., Johnson v. State, 310 Md. 681, 686 , 531 A.2d 675 (1987) (stating that only if a party takes exception to an error in a jury instruction does the court have the opportunity to correct it); Morris v. State, 153 Md.App. 480, 509 , 837 A.2d 248 (2003) (noting that “one of the key virtues of the preservation requirement” is that it enables the trial court “to correct an easily correctable mistake”), cert. denied, 380 Md. 618 , 846 A.2d 402 (2004).

12009–2009
Dempsey v. State green
md · 1976
2 sentences

1976However, the rule further states that an appellate court “may take cognizance of and correct any plain error in the instructions, material to the rights of the accused even though such error was not objected to ....” See Dempsey v. *70 State, 277 Md. 134, 152 , 355 A. 2d 455 (1976); Dimery v. State, 274 Md. 661 , 338 A. 2d 56 (1975).

1976However, the rule further states that an appellate court “may take cognizance of and correct any plain error in the instructions, material to the rights of the accused even though such error was not objected to ....” See Dempsey v. *70 State, 277 Md. 134, 152 , 355 A. 2d 455 (1976); Dimery v. State, 274 Md. 661 , 338 A. 2d 56 (1975).

11976–1976
Dimery v. State green
md · 1975
2 sentences

1976However, the rule further states that an appellate court “may take cognizance of and correct any plain error in the instructions, material to the rights of the accused even though such error was not objected to ....” See Dempsey v. *70 State, 277 Md. 134, 152 , 355 A. 2d 455 (1976); Dimery v. State, 274 Md. 661 , 338 A. 2d 56 (1975).

1976However, the rule further states that an appellate court “may take cognizance of and correct any plain error in the instructions, material to the rights of the accused even though such error was not objected to ....” See Dempsey v. *70 State, 277 Md. 134, 152 , 355 A. 2d 455 (1976); Dimery v. State, 274 Md. 661 , 338 A. 2d 56 (1975).

11976–1976

Where else courts name it

IL 59 (1984–2026) FL 7 (1989–2013) MD 6 (1976–2019) ND 5 (2009–2026) LA 5 (1981–2002) ME 4 (1982–1998) MA 4 (1999–2009) UT 3 (2014–2026) WA 3 (2015–2026) OK 3 (2008–2012) GA 3 (2022–2025) NM 3 (2014–2025) PA 3 (2001–2015) VA 3 (2006–2024) OR 2 (1997–2000) DE 2 (2008–2025) WI 2 (2007–2021) IN 2 (1995–2019)

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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