person asserting privilege (Maryland) · Go Syfert
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person asserting privilege in Maryland

6 Maryland opinions name it 1 courts 1970–2004 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 (1)

CaseFollowedCited
Schmerber v. Californiagreen
scotus · 1966 · cited in 1 Maryland opinions naming this issue, 1970–1970
1 sentence

1970See Schmerber v. California, 384 U. S. 757 , 761 and note 5.

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
Katz v. United States green
scotus · 1967
2 sentences

2004Katz v. United States, 389 U.S. 347, 361 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967) (Harlan, J., concurring).

2004Katz v. United States, 389 U.S. 347, 361 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967) (Harlan, J., concurring).

12004–2004
Fisher v. United States green
scotus · 1976
2 sentences

2003For support, the Court pointed to the constitutional language itself, i.e., no person shall “be compelled in any criminal case to be a witness against himself,” and case law reiterating that the Fifth Amendment only prohibits “the use of ‘physical or moral compulsion’ exerted on the person asserting the privilege.” Id. at 562 , 103 S.Ct. 916 (quoting Fisher v. United States, 425 U.S. 391, 397 , 96 S.Ct. 1569 , 48 L.Ed.2d 39 (1976)).

2003For support, the Court pointed to the constitutional language itself, i.e., no person shall “be compelled in any criminal case to be a witness against himself,” and case law reiterating that the Fifth Amendment only prohibits “the use of ‘physical or moral compulsion’ exerted on the person asserting the privilege.” Id. at 562 , 103 S.Ct. 916 (quoting Fisher v. United States, 425 U.S. 391, 397 , 96 S.Ct. 1569 , 48 L.Ed.2d 39 (1976)).

12003–2003
South Dakota v. Neville green
scotus · 1983
2 sentences

2003For support, the Court pointed to the constitutional language itself, i.e., no person shall “be compelled in any criminal case to be a witness against himself,” and case law reiterating that the Fifth Amendment only prohibits “the use of ‘physical or moral compulsion’ exerted on the person asserting the privilege.” Id. at 562 , 103 S.Ct. 916 (quoting Fisher v. United States, 425 U.S. 391, 397 , 96 S.Ct. 1569 , 48 L.Ed.2d 39 (1976)).

2003For support, the Court pointed to the constitutional language itself, i.e., no person shall “be compelled in any criminal case to be a witness against himself,” and case law reiterating that the Fifth Amendment only prohibits “the use of ‘physical or moral compulsion’ exerted on the person asserting the privilege.” Id. at 562 , 103 S.Ct. 916 (quoting Fisher v. United States, 425 U.S. 391, 397 , 96 S.Ct. 1569 , 48 L.Ed.2d 39 (1976)).

12003–2003
Tatum v. Gigliotti green
mdctspecapp · 1989
2 sentences

1999Appellees support their argument with this Court’s decision in Tatum v. Gigliotti, 80 Md.App. 559 , 565 A.2d 354 (1989), aff'd, 321 Md. 623 , 583 A.2d 1062 (1991).

1999Appellees support their argument with this Court’s decision in Tatum v. Gigliotti, 80 Md.App. 559 , 565 A.2d 354 (1989), aff'd, 321 Md. 623 , 583 A.2d 1062 (1991).

11999–1999
Tatum v. Gigliotti green
md · 1991
2 sentences

1999Appellees support their argument with this Court’s decision in Tatum v. Gigliotti, 80 Md.App. 559 , 565 A.2d 354 (1989), aff'd, 321 Md. 623 , 583 A.2d 1062 (1991).

1999Appellees support their argument with this Court’s decision in Tatum v. Gigliotti, 80 Md.App. 559 , 565 A.2d 354 (1989), aff'd, 321 Md. 623 , 583 A.2d 1062 (1991).

11999–1999
United States v. Doe green
scotus · 1984
2 sentences

1998In United States v. Doe, 465 U.S. 605, 610-11 , 104 S.Ct. 1237, 1241 , 79 L.Ed.2d 552 (1984), the Supreme Court reconfirmed its holding in Fisher that the Fifth Amendment privilege is not involved unless the element of compulsion and the testimonial element coincide in time: [T]he Fifth Amendment only protects the person asserting the privilege from compelled self-incrimination Where the preparation of business records is voluntary, no compulsion is present.

1998In United States v. Doe, 465 U.S. 605, 610-11 , 104 S.Ct. 1237, 1241 , 79 L.Ed.2d 552 (1984), the Supreme Court reconfirmed its holding in Fisher that the Fifth Amendment privilege is not involved unless the element of compulsion and the testimonial element coincide in time: [T]he Fifth Amendment only protects the person asserting the privilege from compelled self-incrimination Where the preparation of business records is voluntary, no compulsion is present.

11998–1998
Harlow v. Fitzgerald green
scotus · 1982
2 sentences

1994The pertinent question is, whether the person asserting immunity was “performing acts legislative in nature.” Harlow, 457 U.S. at 810 , 102 S.Ct. at 2734 .

1994The pertinent question is, whether the person asserting immunity was “performing acts legislative in nature.” Harlow, 457 U.S. at 810 , 102 S.Ct. at 2734 .

11994–1994
Doe v. McMillan green
scotus · 1973
2 sentences

1994Thus, the “starting point is at least a minimum familiarity with the [appellees’] functions and duties.” Doe, 412 U.S. at 320 , 93 S.Ct. at 2029 .

1994Thus, the “starting point is at least a minimum familiarity with the [appellees’] functions and duties.” Doe, 412 U.S. at 320 , 93 S.Ct. at 2029 .

11994–1994

Where else courts name it

OH 94 (1966–2025) CO 28 (1970–2026) TX 28 (1931–2026) PA 24 (1957–2024) ID 14 (1975–2017) CA 14 (1951–2025) NY 11 (1890–2026) GA 10 (1976–2025) MI 9 (1955–2017) NJ 7 (1985–2020) IN 7 (1978–2025) WI 7 (1996–2025) IL 7 (1957–2014) MD 6 (1970–2004) KS 6 (1982–2022) MO 6 (1961–2023) WV 6 (1948–2011) NC 5 (2014–2022) UT 5 (1984–2014) MN 5 (1983–2025) AL 4 (1914–2014) AR 4 (1892–1994) AZ 4 (1921–2026) ME 4 (1982–2025) WA 4 (1974–2024) CT 4 (1992–2019) NE 3 (1927–2017) LA 3 (1983–2015) VA 3 (1992–2003) IA 3 (1986–2011) VT 2 (1914–2020) ND 2 (1911–2010) OR 2 (1974–1976) DC 2 (1987–2003) HI 2 (2001–2006) MA 2 (2003–2015) SD 2 (2005–2014) DE 2 (1970–2017) SC 2 (1984–2003) NV 2 (2017–2017) MT 2 (1994–1998)

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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