opened door doctrine (Maryland) · Go Syfert
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opened door doctrine in Maryland

6 Maryland opinions name it 2 courts 2009–2026 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 (2)

CaseFollowedCited
Terry v. Stategreen
md · 1993 · cited in 2 Maryland opinions naming this issue, 2009–2016
2 sentences

2009We have held that the opened door doctrine applies in the context of opening statements, see Terry v. State, 332 Md. 329, 337 , 631 A.2d 424, 428 (1993) (noting that, although the opening statement is not evidence, “the general principles involved in allowing a party to ‘meet fire with fire’ are applicable”), and we see no reason why it should not apply in the context of closing arguments as well. 8 Here, as we have noted, defense counsel, in closing argument, permissibly drew the jury’s attention to the absences of Wali Henderson, Antonio Corprew, Lewis “Man-Man” Cochran, and others.

2009We have held that the opened door doctrine applies in the context of opening statements, see Terry v. State, 332 Md. 329, 337 , 631 A.2d 424, 428 (1993) (noting that, although the opening statement is not evidence, “the general principles involved in allowing a party to ‘meet fire with fire’ are applicable”), and we see no reason why it should not apply in the context of closing arguments as well. 8 Here, as we have noted, defense counsel, in closing argument, permissibly drew the jury’s attention to the absences of Wali Henderson, Antonio Corprew, Lewis “Man-Man” Cochran, and others.

12
State v. Heathgreen
md · 2019 · cited in 1 Maryland opinions naming this issue, 2026–2026
1 sentence

2026See State v. Heath, 464 Md. 445, 459 (2019).

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 (8)

CaseCitedYears
Mitchell v. State green
md · 2009
2 sentences

2016Id. at 388 , 969 A.2d 989 (citing Terry v. State, 332 Md. 329, 337 , 631 A.2d 424 (1993)).

2016Id. at 388 , 969 A.2d 989 (citing Terry v. State, 332 Md. 329, 337 , 631 A.2d 424 (1993)).

22010–2016
Little v. Schneider green
md · 2013
2 sentences

2018Utilizing the opened door doctrine is a method by which we allow parties to "meet fire with fire" when they introduce "otherwise inadmissible evidence in response to evidence put forth by the opposing side." Little v. Schneider , 434 Md. 150 , 157, 73 A.3d 1074 (2013).

2018Utilizing the opened door doctrine is a method by which we allow parties to "meet fire with fire" when they introduce "otherwise inadmissible evidence in response to evidence put forth by the opposing side." Little v. Schneider , 434 Md. 150 , 157, 73 A.3d 1074 (2013).

12018–2018
Griffin v. California green
scotus · 1965
2 sentences

2016The opened door doctrine is limited, however, by the constitutionally-based prohibition against “burden shifting,” which derives from the landmark Supreme Court decision in Griffin v. California, 380 U.S. 609, 614 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 (1965).

2016The opened door doctrine is limited, however, by the constitutionally-based prohibition against “burden shifting,” which derives from the landmark Supreme Court decision in Griffin v. California, 380 U.S. 609, 614 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 (1965).

12016–2016
Lee v. State green
md · 2008
2 sentences

2010Invited Response Doctrine We turn next to the State’s argument that the comments were proper pursuant to the “invited response doctrine.” The Court of Appeals has described the invited response doctrine as involving “a prosecutorial argument ... made in reasonable response to improper attacks by defense counsel.” Lee, 405 Md. at 163 , 950 A.2d 125 (quoting Spain, 386 Md. at 157 n. 7, 872 A.2d 25 ).

2010Invited Response Doctrine We turn next to the State’s argument that the comments were proper pursuant to the “invited response doctrine.” The Court of Appeals has described the invited response doctrine as involving “a prosecutorial argument ... made in reasonable response to improper attacks by defense counsel.” Lee, 405 Md. at 163 , 950 A.2d 125 (quoting Spain, 386 Md. at 157 n. 7, 872 A.2d 25 ).

12010–2010
Spain v. State green
md · 2005
2 sentences

2010Invited Response Doctrine We turn next to the State’s argument that the comments were proper pursuant to the “invited response doctrine.” The Court of Appeals has described the invited response doctrine as involving “a prosecutorial argument ... made in reasonable response to improper attacks by defense counsel.” Lee, 405 Md. at 163 , 950 A.2d 125 (quoting Spain, 386 Md. at 157 n. 7, 872 A.2d 25 ).

2010Invited Response Doctrine We turn next to the State’s argument that the comments were proper pursuant to the “invited response doctrine.” The Court of Appeals has described the invited response doctrine as involving “a prosecutorial argument ... made in reasonable response to improper attacks by defense counsel.” Lee, 405 Md. at 163 , 950 A.2d 125 (quoting Spain, 386 Md. at 157 n. 7, 872 A.2d 25 ).

12010–2010
Conyers v. State green
md · 1997
2 sentences

2010The opened door doctrine, however, is limited to “ ‘evidence that is competent, but otherwise irrelevant.’ ” Grier v. State, 351 Md. 241, 260 , 718 A.2d 211 (1998) (quoting Conyers, 345 Md. at 545 , 693 A.2d 781 ).

2010The opened door doctrine, however, is limited to “ ‘evidence that is competent, but otherwise irrelevant.’ ” Grier v. State, 351 Md. 241, 260 , 718 A.2d 211 (1998) (quoting Conyers, 345 Md. at 545 , 693 A.2d 781 ).

12010–2010
Grier v. State green
md · 1998
2 sentences

2010The opened door doctrine, however, is limited to “ ‘evidence that is competent, but otherwise irrelevant.’ ” Grier v. State, 351 Md. 241, 260 , 718 A.2d 211 (1998) (quoting Conyers, 345 Md. at 545 , 693 A.2d 781 ).

2010The opened door doctrine, however, is limited to “ ‘evidence that is competent, but otherwise irrelevant.’ ” Grier v. State, 351 Md. 241, 260 , 718 A.2d 211 (1998) (quoting Conyers, 345 Md. at 545 , 693 A.2d 781 ).

12010–2010
Degren v. State green
md · 1999
2 sentences

2010Rather, “ ‘reversal is only required where it appears that the remarks of the prosecutor actually misled the jury or were likely to have misled or influenced the jury to the prejudice of the accused.’ ” Spain, 386 Md. at 158 , 872 A.2d 25 (quoting Degren, 352 Md. at 430-31 , 722 A.2d 887 ).

2010Rather, “ ‘reversal is only required where it appears that the remarks of the prosecutor actually misled the jury or were likely to have misled or influenced the jury to the prejudice of the accused.’ ” Spain, 386 Md. at 158 , 872 A.2d 25 (quoting Degren, 352 Md. at 430-31 , 722 A.2d 887 ).

12010–2010

Where else courts name it

MD 6 (2009–2026) TX 5 (2001–2019)

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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