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6 Maryland opinions name it 2 courts 1981–2010 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 |
|---|---|---|
Lansdowne v. Stategreen2 sentences1987Maryland Rule 4-325(c), applicable to criminal cases, provides that the trial court, “at the request of any party shall ... instruct the jury as to the applicable law____” 3 This provision is mandatory; under it “a trial judge is required to give a requested instruction which correctly states the *686 applicable. law and which has not been fairly covered in instructions actually given, and ... the failure to give such an instruction constitutes error.” Lansdowne v. State, 287 Md. 232, 239 , 412 A.2d 88 (1980), and cases there cited. 1987Maryland Rule 4-325(c), applicable to criminal cases, provides that the trial court, “at the request of any party shall ... instruct the jury as to the applicable law____” 3 This provision is mandatory; under it “a trial judge is required to give a requested instruction which correctly states the *686 applicable. law and which has not been fairly covered in instructions actually given, and ... the failure to give such an instruction constitutes error.” Lansdowne v. State, 287 Md. 232, 239 , 412 A.2d 88 (1980), and cases there cited. | 1 | 3 |
Terry v. Stategreen2 sentences2010It was clear to defense counsel that the proposed instruction could have had the undesirable effect of highlighting the purposes suggested by the trial judge: intent, knowledge, common scheme, or explanation for not having pled guilty.” Terry v. State, 332 Md. 329, 333-34 , 631 A.2d 424, 426 (1993) (emphasis added). 2010It was clear to defense counsel that the proposed instruction could have had the undesirable effect of highlighting the purposes suggested by the trial judge: intent, knowledge, common scheme, or explanation for not having pled guilty.” Terry v. State, 332 Md. 329, 333-34 , 631 A.2d 424, 426 (1993) (emphasis added). | 1 | 1 |
Cicoria v. Stategreen2 sentences2007See, e.g., Cicoria v. State, 89 Md.App. 403, 426 , 598 A.2d 771 (1991) (failure to request a good faith defense instruction constitutes waiver of that issue); Sine v. State, 40 Md.App. 628 , 394 A.2d 1206 (1978) (In criminal proceedings, failure to object to a particular instruction constitutes a waiver of that issue on appeal); Squire v. State, 32 Md.App. 307 , 360 A.2d 443 (1976), rev’d on other grounds, 280 Md. 132 , 368 A.2d 1019 (1977) (Constitutional rights may be waived at trial, which may preclude consideration of an allegedly erroneous instruction). 2007See, e.g., Cicoria v. State, 89 Md.App. 403, 426 , 598 A.2d 771 (1991) (failure to request a good faith defense instruction constitutes waiver of that issue); Sine v. State, 40 Md.App. 628 , 394 A.2d 1206 (1978) (In criminal proceedings, failure to object to a particular instruction constitutes a waiver of that issue on appeal); Squire v. State, 32 Md.App. 307 , 360 A.2d 443 (1976), rev’d on other grounds, 280 Md. 132 , 368 A.2d 1019 (1977) (Constitutional rights may be waived at trial, which may preclude consideration of an allegedly erroneous instruction). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
MacK v. State
red
2 sentences2007Id. at 592 , 479 A.2d 1344 (emphasis supplied). 2007Id. at 592 , 479 A.2d 1344 (emphasis supplied). | 2 | 1987–2007 |
Squire v. State
green
2 sentences2007See, e.g., Cicoria v. State, 89 Md.App. 403, 426 , 598 A.2d 771 (1991) (failure to request a good faith defense instruction constitutes waiver of that issue); Sine v. State, 40 Md.App. 628 , 394 A.2d 1206 (1978) (In criminal proceedings, failure to object to a particular instruction constitutes a waiver of that issue on appeal); Squire v. State, 32 Md.App. 307 , 360 A.2d 443 (1976), rev’d on other grounds, 280 Md. 132 , 368 A.2d 1019 (1977) (Constitutional rights may be waived at trial, which may preclude consideration of an allegedly erroneous instruction). 2007See, e.g., Cicoria v. State, 89 Md.App. 403, 426 , 598 A.2d 771 (1991) (failure to request a good faith defense instruction constitutes waiver of that issue); Sine v. State, 40 Md.App. 628 , 394 A.2d 1206 (1978) (In criminal proceedings, failure to object to a particular instruction constitutes a waiver of that issue on appeal); Squire v. State, 32 Md.App. 307 , 360 A.2d 443 (1976), rev’d on other grounds, 280 Md. 132 , 368 A.2d 1019 (1977) (Constitutional rights may be waived at trial, which may preclude consideration of an allegedly erroneous instruction). | 1 | 2007–2007 |
Sine v. State
green
2 sentences2007See, e.g., Cicoria v. State, 89 Md.App. 403, 426 , 598 A.2d 771 (1991) (failure to request a good faith defense instruction constitutes waiver of that issue); Sine v. State, 40 Md.App. 628 , 394 A.2d 1206 (1978) (In criminal proceedings, failure to object to a particular instruction constitutes a waiver of that issue on appeal); Squire v. State, 32 Md.App. 307 , 360 A.2d 443 (1976), rev’d on other grounds, 280 Md. 132 , 368 A.2d 1019 (1977) (Constitutional rights may be waived at trial, which may preclude consideration of an allegedly erroneous instruction). 2007See, e.g., Cicoria v. State, 89 Md.App. 403, 426 , 598 A.2d 771 (1991) (failure to request a good faith defense instruction constitutes waiver of that issue); Sine v. State, 40 Md.App. 628 , 394 A.2d 1206 (1978) (In criminal proceedings, failure to object to a particular instruction constitutes a waiver of that issue on appeal); Squire v. State, 32 Md.App. 307 , 360 A.2d 443 (1976), rev’d on other grounds, 280 Md. 132 , 368 A.2d 1019 (1977) (Constitutional rights may be waived at trial, which may preclude consideration of an allegedly erroneous instruction). | 1 | 2007–2007 |
Squire v. State
green
2 sentences2007See, e.g., Cicoria v. State, 89 Md.App. 403, 426 , 598 A.2d 771 (1991) (failure to request a good faith defense instruction constitutes waiver of that issue); Sine v. State, 40 Md.App. 628 , 394 A.2d 1206 (1978) (In criminal proceedings, failure to object to a particular instruction constitutes a waiver of that issue on appeal); Squire v. State, 32 Md.App. 307 , 360 A.2d 443 (1976), rev’d on other grounds, 280 Md. 132 , 368 A.2d 1019 (1977) (Constitutional rights may be waived at trial, which may preclude consideration of an allegedly erroneous instruction). 2007See, e.g., Cicoria v. State, 89 Md.App. 403, 426 , 598 A.2d 771 (1991) (failure to request a good faith defense instruction constitutes waiver of that issue); Sine v. State, 40 Md.App. 628 , 394 A.2d 1206 (1978) (In criminal proceedings, failure to object to a particular instruction constitutes a waiver of that issue on appeal); Squire v. State, 32 Md.App. 307 , 360 A.2d 443 (1976), rev’d on other grounds, 280 Md. 132 , 368 A.2d 1019 (1977) (Constitutional rights may be waived at trial, which may preclude consideration of an allegedly erroneous instruction). | 1 | 2007–2007 |
Montgomery v. State
red
2 sentences1987Accord: Smith v. State, 302 Md. 175, 179-180 , 486 A.2d 196 (1985); Mack v. State, 300 Md. 583, 592 , 479 A.2d 1344 (1984); Montgomery v. State, 292 Md. 84, 93 , 437 A.2d 654 (1981). 1987Accord: Smith v. State, 302 Md. 175, 179-180 , 486 A.2d 196 (1985); Mack v. State, 300 Md. 583, 592 , 479 A.2d 1344 (1984); Montgomery v. State, 292 Md. 84, 93 , 437 A.2d 654 (1981). | 1 | 1987–1987 |
Smith v. State
green
2 sentences1987Accord: Smith v. State, 302 Md. 175, 179-180 , 486 A.2d 196 (1985); Mack v. State, 300 Md. 583, 592 , 479 A.2d 1344 (1984); Montgomery v. State, 292 Md. 84, 93 , 437 A.2d 654 (1981). 1987Accord: Smith v. State, 302 Md. 175, 179-180 , 486 A.2d 196 (1985); Mack v. State, 300 Md. 583, 592 , 479 A.2d 1344 (1984); Montgomery v. State, 292 Md. 84, 93 , 437 A.2d 654 (1981). | 1 | 1987–1987 |
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.