preferable rule (Maryland) · Go Syfert
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preferable rule in Maryland

6 Maryland opinions name it 2 courts 1963–1997 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Maryland.

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
Nash v. Warden of Maryland House of Correction neutral
md · 1966
2 sentences

1968The more preferable rule now is that counsel is incompetent when under all the circumstances of the particular case the petitioner has not been afforded “a genuine and effective representation.” Turner v. State, 303 F. 2d 507 (4th Cir. 1962); Turner v. State, 318 F. 2d 852 (4th Cir. 1963); Slater v. Warden, supra; Jones v. Warden, 244 Md. 720 ; Nash v. Warden, 243 Md. 700 .

1968Turner v. State, 303 F. 2d 507 (4th Cir. 1962); Turner v. State, 318 F. 2d 852 (4th Cir. 1963); Slater v. Warden, supra; Jones v. Warden, 244 Md. 720 ; Nash v. Warden, 243 Md. 700 .

21968–1968
Jones v. Warden of the Maryland Penitentiary green
md · 1966
2 sentences

1968The more preferable rule now is that counsel is incompetent when under all the circumstances of the particular case the petitioner has not been afforded “a genuine and effective representation.” Turner v. State, 303 F. 2d 507 (4th Cir. 1962); Turner v. State, 318 F. 2d 852 (4th Cir. 1963); Slater v. Warden, supra; Jones v. Warden, 244 Md. 720 ; Nash v. Warden, 243 Md. 700 .

1968Turner v. State, 303 F. 2d 507 (4th Cir. 1962); Turner v. State, 318 F. 2d 852 (4th Cir. 1963); Slater v. Warden, supra; Jones v. Warden, 244 Md. 720 ; Nash v. Warden, 243 Md. 700 .

21968–1968
Clarence Irvin Turner v. State of Maryland green
ca4 · 1962
2 sentences

1968The more preferable rule now is that counsel is incompetent when under all the circumstances of the particular case the petitioner has not been afforded “a genuine and effective representation.” Turner v. State, 303 F. 2d 507 (4th Cir. 1962); Turner v. State, 318 F. 2d 852 (4th Cir. 1963); Slater v. Warden, supra; Jones v. Warden, 244 Md. 720 ; Nash v. Warden, 243 Md. 700 .

1968Turner v. State, 303 F. 2d 507 (4th Cir. 1962); Turner v. State, 318 F. 2d 852 (4th Cir. 1963); Slater v. Warden, supra; Jones v. Warden, 244 Md. 720 ; Nash v. Warden, 243 Md. 700 .

21968–1968
Clarence Irvin Turner v. State of Maryland green
ca4 · 1963
2 sentences

1968The more preferable rule now is that counsel is incompetent when under all the circumstances of the particular case the petitioner has not been afforded “a genuine and effective representation.” Turner v. State, 303 F. 2d 507 (4th Cir. 1962); Turner v. State, 318 F. 2d 852 (4th Cir. 1963); Slater v. Warden, supra; Jones v. Warden, 244 Md. 720 ; Nash v. Warden, 243 Md. 700 .

1968Turner v. State, 303 F. 2d 507 (4th Cir. 1962); Turner v. State, 318 F. 2d 852 (4th Cir. 1963); Slater v. Warden, supra; Jones v. Warden, 244 Md. 720 ; Nash v. Warden, 243 Md. 700 .

21968–1968
In Re Auto West, Inc. green
utd · 1984
1 sentence

1997The court acknowledged that having the bankruptcy court “retain jurisdiction to oversee the equitable distribution of the proceeds from the claim” may be “the preferable rule in that it prevents an alleged wrongdoer from receiving the windfall that would result from a finding that the claim was barred by estoppel.” Id.

11997–1997
Brakeman v. Potomac Insurance Co. green
pa · 1977
2 sentences

1989Co., 472 Pa. 66 , 371 A.2d 193 (1977), the court held that “the preferable rule is that which requires the insurance company to prove not only that the notice provision was breached, but also that it suffered prejudice as a consequence.” Id. 371 A.2d at 196 .

1989Co., 472 Pa. 66 , 371 A.2d 193 (1977), the court held that “the preferable rule is that which requires the insurance company to prove not only that the notice provision was breached, but also that it suffered prejudice as a consequence.” Id. 371 A.2d at 196 .

11989–1989
University of Arizona Health Sciences Center v. Superior Court green
ariz · 1983
1 sentence

1984It held that the preferable rule was to permit the trier of fact “to consider both pecuniary and non-pecuniary elements of damage *267 which pertain to the rearing and education of the child . . . [offset by] the pecuniary and non-pecuniary benefits which the parents will receive from the parental relationship with the child.” Id.

11984–1984
Markley v. State green
md · 1938
2 sentences

1963When an admission is in substance a partial confession or, *324 in the words of Chief Judge Bond for the Court in Markley v. State, 173 Md. 309, 314 , is a statement "in the nature of a confession," there must be considered the same potential danger of coercion as in the case of a confession.

1963When an admission is in substance a partial confession or, in the words of Chief Judge Bond for the Court in Markley v. State, 173 Md. 309, 314 , is a statement “in the nature of a confession,” there must be considered the same potential danger of coercion as in the case of a confession.

11963–1963

Where else courts name it

WA 11 (1960–2018) PA 6 (1966–1987) MD 6 (1963–1997) CA 6 (1968–2014) NJ 6 (1952–2002) IL 5 (1877–1990) CT 5 (2008–2025) NY 4 (1862–1999) FL 4 (1967–1988) ID 3 (1962–1999) LA 3 (1961–1998) OK 3 (1955–1985) NM 2 (1985–2003) IA 2 (1910–1995) WV 2 (1961–1961) KY 2 (1914–1971)

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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