examination waiver (Maryland) · Go Syfert
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examination waiver in Maryland

6 Maryland opinions name it 2 courts 1967–2021 1 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 (4)

CaseFollowedCited
Martinez v. Stategreen
md · 1987 · cited in 1 Maryland opinions naming this issue, 2006–2006
2 sentences

2006Martinez, 309 Md. at 133 , 522 A.2d at 954 (Citation omitted).

2006Martinez, 309 Md. at 133 , 522 A.2d at 954 (Citation omitted).

11
Baker v. Stategreen
md · 2002 · cited in 1 Maryland opinions naming this issue, 2004–2004
2 sentences

2004As stated, the issue of voluntariness was already discussed extensively in Baker v. State, 367 Md. 648 , 790 A.2d 629 (2002) (" Baker II "), where we *51 stated that "[a]fter an examination of the waiver colloquy between the trial court and Baker ... and considering the totality of the circumstances, we hold that Baker made a knowing and voluntary waiver [of his right to jury sentencing]." Id. at 691 , 790 A.2d at 654 (alteration added).

2004As stated, the issue of voluntariness was already discussed extensively in Baker v. State, 367 Md. 648 , 790 A.2d 629 (2002) (" Baker II "), where we *51 stated that "[a]fter an examination of the waiver colloquy between the trial court and Baker ... and considering the totality of the circumstances, we hold that Baker made a knowing and voluntary waiver [of his right to jury sentencing]." Id. at 691 , 790 A.2d at 654 (alteration added).

11
Gatling v. Sampsongreen
md · 1966 · cited in 1 Maryland opinions naming this issue, 1971–1971
1 sentence

1971As Chief Judge Prescott said, for the Court, in Fowler v. Smith, 240 Md. 240, 247 (1965) : * * They mean that a party who has the burden of proving another party guilty of negligence, cannot sustain this burden by offering a mere scintilla of evidence, amounting to no more than surmise, possibility, or conjecture that such other party has been guilty of negligence, but such evidence must be of legal probative force and evidential value.’ ” In Gatling v. Sampson, 242 Md. 173, 182 (1966), Judge Prescott said, for the Court: “An examination and an analysis of the evidence convince us that there i

11
Fowler v. Smithgreen
md · 1965 · cited in 1 Maryland opinions naming this issue, 1971–1971
1 sentence

1971As Chief Judge Prescott said, for the Court, in Fowler v. Smith, 240 Md. 240, 247 (1965) : * * They mean that a party who has the burden of proving another party guilty of negligence, cannot sustain this burden by offering a mere scintilla of evidence, amounting to no more than surmise, possibility, or conjecture that such other party has been guilty of negligence, but such evidence must be of legal probative force and evidential value.’ ” In Gatling v. Sampson, 242 Md. 173, 182 (1966), Judge Prescott said, for the Court: “An examination and an analysis of the evidence convince us that there i

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 (5)

CaseCitedYears
Kazadi v. State green
md · 2020
2 sentences

2021Stare decisis requires a court to generally “follow earlier judicial decisions when the same points arise again in litigation.” Kazadi, 467 Md. at 27 , 223 A.3d at 570 (citing Black’s Law Dictionary (11th ed. 2019)).

2021Stare decisis requires a court to generally “follow earlier judicial decisions when the same points arise again in litigation.” Kazadi, 467 Md. at 27 , 223 A.3d at 570 (citing Black’s Law Dictionary (11th ed. 2019)).

12021–2021
State v. Stringfellow green
md · 2012
2 sentences

2021We disagree, as we shall explain below.3 The most recent examination of waiver pertaining to voir dire questions was addressed by this Court in State v. Stringfellow, 425 Md. 461 , 42 A.3d 27 (2012).4 In 3 The State also argues, under the doctrine of stare decisis, that our decision in Kazadi must be accompanied by development of the law with regard to preservation and waiver.

2021We disagree, as we shall explain below.3 The most recent examination of waiver pertaining to voir dire questions was addressed by this Court in State v. Stringfellow, 425 Md. 461 , 42 A.3d 27 (2012).4 In 3 The State also argues, under the doctrine of stare decisis, that our decision in Kazadi must be accompanied by development of the law with regard to preservation and waiver.

12021–2021
United States of America Ex Rel. Edward F. Thomas, A/K/A Oscar Jackson v. Frank J. Pate, Warden, Illinois State Penitentiary green
ca7 · 1965
1 sentence

1980In United States v. Pate, 351 F.2d 910 (7th Cir. 1965), the court dealt with a defendant’s contention that a five-year detention in a mental hospital had deprived him of his right to a speedy trial.

11980–1980
Ollie Melvin Hodges v. United States green
ca8 · 1969
2 sentences

1980The following periods should be excluded in computing the time for trial: (a) The period of delay resulting from other proceedings concerning the defendant, including but not limited to an examination and hearing on competency and the period during which he is incompetent to stand trial . . . .” *127 Citing these ABA standards, Hodges v. United States, 408 F.2d 543 (8th Cir. 1969), per Judge Blackmun (now Justice Blackmun of the Supreme Court), pointed out that, "With Hodges’ competency appropriately in question, any deferment of the trial for the 88-day Springfield period is no part of an unr

1980The following periods should be excluded in computing the time for trial: (a) The period of delay resulting from other proceedings concerning the defendant, including but not limited to an examination and hearing on competency and the period during which he is incompetent to stand trial . . . .” *127 Citing these ABA standards, Hodges v. United States, 408 F.2d 543 (8th Cir. 1969), per Judge Blackmun (now Justice Blackmun of the Supreme Court), pointed out that, "With Hodges’ competency appropriately in question, any deferment of the trial for the 88-day Springfield period is no part of an unr

11980–1980
State v. Brown green
md · 1964
1 sentence

1967App. 108 , Ross, supra, Watson, supra. An examination of the hearing judge’s memorandum shows that there was not a complete lack of evidence, State v. Brown, 235 Md. 401 . 3.

11967–1967

Where else courts name it

NY 55 (1897–2019) CA 52 (1906–2025) PA 49 (1834–2026) IL 44 (1897–2021) TX 34 (1927–2024) MI 30 (1938–2026) NM 27 (1943–2026) OK 25 (1910–2017) GA 22 (1944–2023) IN 22 (1885–2019) AZ 20 (1966–2024) WI 20 (1978–2024) KS 19 (1890–2020) NE 16 (1889–2022) LA 15 (1965–2022) FL 14 (1966–2013) MO 14 (1914–2018) OR 13 (1900–2023) OH 12 (1948–2007) WY 11 (1974–2009) KY 10 (1938–2024) IA 10 (1938–2017) AR 9 (1918–2006) MN 8 (1870–2009) VA 8 (1915–2020) NV 7 (1940–1988) WA 7 (1911–2001) WV 7 (1953–2003) AL 7 (1989–2025) MD 6 (1967–2021) ME 6 (1971–2023) MA 6 (1967–2018) ND 5 (1968–2017) CO 5 (1939–1997) NJ 5 (1903–2024) TN 5 (1940–2010) SD 5 (1988–2009) CT 5 (1966–2002) SC 4 (1971–2014) ID 4 (1982–2018) NC 4 (1908–2022) MT 4 (1889–2024) AK 3 (1979–1997) DC 3 (1997–2015) UT 2 (1937–1989) VI 2 (2012–2016)

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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