voluntariness standard (Maryland) · Go Syfert
← Maryland issues

voluntariness standard in Maryland

47 Maryland opinions name it 2 courts 1963–2025 4 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 (24)

CaseFollowedCited
Hof v. Stategreen
md · 1995 · cited in 4 Maryland opinions naming this issue, 2002–2025
2 sentences

2023Our analysis, therefore, is shaped mainly by two overarching precepts: (1) that the jury (or factfinder) must determine the voluntariness of a defendant’s statement to law enforcement if the issue is generated at trial; and (2) only “some evidence” of involuntariness is required to generate a voluntariness instruction. 48 First, the voluntariness of a defendant’s statement is evaluated under Maryland’s “two-tiered approach” articulated in Hof v. State, 337 Md. 581, 604 (1995).

2023According to the State, Hof v. State, 337 Md. 581, 604 (1995), requires that a voluntariness challenge must be litigated before the court in a pretrial suppression motion.

34
State v. Raithelgreen
md · 1979 · cited in 2 Maryland opinions naming this issue, 1979–1989
2 sentences

1989We rest our decision solely on Maryland nonconstitutional law because of the well-settled principle ‘that courts should not decide constitutional issues unnecessarily.’ State v. Raithel, 285 Md. 478, 484 , 404 A.2d 264, 267 (1979).

1989We rest our decision solely on Maryland nonconstitutional law because of the well-settled principle ‘that courts should not decide constitutional issues unnecessarily.’ State v. Raithel, 285 Md. 478, 484 , 404 A.2d 264, 267 (1979).

22
Hillard v. Stategreen
md · 1979 · cited in 3 Maryland opinions naming this issue, 1993–2023
2 sentences

1993No Maryland decision has ever pointed to a single difference between the common law voluntariness test as applied here and as applied by the Supreme Court. 2 Hillard v. State, 286 Md. 145 , 406 A.2d 415 (1979), to be sure, chose to operate on the unsubstantiated assumption that there might be some difference, but eschewed any effort to make the comparison: “We in no way attempt in this case to evaluate whether federal or Maryland constitutional law establishes the same voluntariness test as that enunciated in this opinion.” 286 Md. at 150 n. 1, 406 A.2d 415 .

1993No Maryland decision has ever pointed to a single difference between the common law voluntariness test as applied here and as applied by the Supreme Court. 2 Hillard v. State, 286 Md. 145 , 406 A.2d 415 (1979), to be sure, chose to operate on the unsubstantiated assumption that there might be some difference, but eschewed any effort to make the comparison: “We in no way attempt in this case to evaluate whether federal or Maryland constitutional law establishes the same voluntariness test as that enunciated in this opinion.” 286 Md. at 150 n. 1, 406 A.2d 415 .

13
Abeokuto v. Stategreen
md · 2006 · cited in 2 Maryland opinions naming this issue, 2006–2013
2 sentences

2013As to the voluntariness prong, the court held that Valonis did not allege “a triggering fact or information which suggests [he] was coerced or induced to waive his rights[,]” or “that the absence of a voluntariness inquiry at his trial was error.” Thus, the intermediate appellate court held, in consideration of our holding in Abeokuto v. State, 391 Md. 289, 320-21 , 893 A.2d 1018, 1036 (2006), Valonis’s waiver was knowing and voluntary.

2013As to the voluntariness prong, the court held that Valonis did not allege “a triggering fact or information which suggests [he] was coerced or induced to waive his rights[,]” or “that the absence of a voluntariness inquiry at his trial was error.” Thus, the intermediate appellate court held, in consideration of our holding in Abeokuto v. State, 391 Md. 289, 320-21 , 893 A.2d 1018, 1036 (2006), Valonis’s waiver was knowing and voluntary.

12
Tibbs v. Stategreen
md · 1991 · cited in 2 Maryland opinions naming this issue, 2006–2013
2 sentences

2013We note that with regard to the examination, the trial judge is required to do more than merely “go through the motions.” See Tibbs, 323 Md. at 32 , 590 A.2d at 551 (noting that “[i]t is not sufficient that an accused merely respond affirmatively to a naked inquiry ... ”); see also Patton v. U.S., 281 U.S. 276, 312-13 , 50 S.Ct. 253, 263 , 74 L.Ed. 854, 870 (1930), overruled on other grounds by Williams v. Florida, 399 U.S. 78 , 90 S.Ct. 1893 , 26 L.Ed.2d 446 (1970) (noting that “the duty of the trial court ... is not to be discharged as a mere matter of rote, but with sound and advised discre

2013We note that with regard to the examination, the trial judge is required to do more than merely “go through the motions.” See Tibbs, 323 Md. at 32 , 590 A.2d at 551 (noting that “[i]t is not sufficient that an accused merely respond affirmatively to a naked inquiry ... ”); see also Patton v. U.S., 281 U.S. 276, 312-13 , 50 S.Ct. 253, 263 , 74 L.Ed. 854, 870 (1930), overruled on other grounds by Williams v. Florida, 399 U.S. 78 , 90 S.Ct. 1893 , 26 L.Ed.2d 446 (1970) (noting that “the duty of the trial court ... is not to be discharged as a mere matter of rote, but with sound and advised discre

12
Martinez v. Stategreen
md · 1987 · cited in 2 Maryland opinions naming this issue, 1990–2005
2 sentences

2005Although we recognize that “this is the preferable practice,” id. at 134 n. 11, 522 A.2d 950 , we are nevertheless instructed by the Court of Appeals that “[t]he trial judge need not follow a specific ritual or fixed litany in determining the voluntariness of the defendant’s election to waive his jury right.” Id.

1990“Whether there is an intelligent waiver must depend on the unique facts and circumstances of each case.” Martinez at 134, 522 A.2d 950 . *91 This appeal turns on the voluntariness of the waiver of Stewart’s right to a jury trial.

12
Carder v. Stategreen
mdctspecapp · 1968 · cited in 2 Maryland opinions naming this issue, 1980–1998
2 sentences

1998See also State v. Kidd, 281 Md. 32, 35-36 , 375 A.2d 1105, 1108 (1977) (“For a statement to be the free and voluntary act of an accused, it must be obtained without force applied, coercion used, hope *178 held out or promise made on the part of the authorities.”) (emphasis added); Carder v. State, 5 Md.App. 531, 539 , 248 A.2d 495, 500 (1968) (holding that the voluntariness test does not apply to a civilian witness who was not associated with the police and whose only purpose was to assist the injured defendant).

1998See also State v. Kidd, 281 Md. 32, 35-36 , 375 A.2d 1105, 1108 (1977) (“For a statement to be the free and voluntary act of an accused, it must be obtained without force applied, coercion used, hope *178 held out or promise made on the part of the authorities.”) (emphasis added); Carder v. State, 5 Md.App. 531, 539 , 248 A.2d 495, 500 (1968) (holding that the voluntariness test does not apply to a civilian witness who was not associated with the police and whose only purpose was to assist the injured defendant).

12
Nicholson v. Stategreen
md · 1873 · cited in 2 Maryland opinions naming this issue, 1969–1993
2 sentences

1993Nicholson v. State, 38 Md. 140 .” Watts v. State, 99 Md. 30, 35-36 , 57 A. 542 (1904), is interesting not so much because it reversed a conviction for *260 the failure of the State to prove that the confession in issue was “freely and voluntarily made” but for the authorities it cites.

1993More than a century ago, in Nicholson v. State, 38 Md. 140,153 (1873) this Court said that ‘it is very clear upon all the authorities, that if the confession of the [accused] had been induced by any threat of harm, or promise of worldly advantage held out to him ... it ought to be excluded.’ ” (emphasis supplied).

12
Metheny v. Stategreen
md · 2000 · cited in 1 Maryland opinions naming this issue, 2020–2020
1 sentence

2020App. at 255 ; see Metheny, 359 Md. at 600 (“[T]he factual basis requirement . . . is closely associated with the due process mandate that a defendant enter a guilty plea voluntarily.”).

11
Patton v. United Statesred
scotus · 1930 · cited in 1 Maryland opinions naming this issue, 2013–2013
2 sentences

2013We note that with regard to the examination, the trial judge is required to do more than merely “go through the motions.” See Tibbs, 323 Md. at 32 , 590 A.2d at 551 (noting that “[i]t is not sufficient that an accused merely respond affirmatively to a naked inquiry ... ”); see also Patton v. U.S., 281 U.S. 276, 312-13 , 50 S.Ct. 253, 263 , 74 L.Ed. 854, 870 (1930), overruled on other grounds by Williams v. Florida, 399 U.S. 78 , 90 S.Ct. 1893 , 26 L.Ed.2d 446 (1970) (noting that “the duty of the trial court ... is not to be discharged as a mere matter of rote, but with sound and advised discre

2013We note that with regard to the examination, the trial judge is required to do more than merely “go through the motions.” See Tibbs, 323 Md. at 32 , 590 A.2d at 551 (noting that “[i]t is not sufficient that an accused merely respond affirmatively to a naked inquiry ... ”); see also Patton v. U.S., 281 U.S. 276, 312-13 , 50 S.Ct. 253, 263 , 74 L.Ed. 854, 870 (1930), overruled on other grounds by Williams v. Florida, 399 U.S. 78 , 90 S.Ct. 1893 , 26 L.Ed.2d 446 (1970) (noting that “the duty of the trial court ... is not to be discharged as a mere matter of rote, but with sound and advised discre

11
Williams v. Floridagreen
scotus · 1970 · cited in 1 Maryland opinions naming this issue, 2013–2013
2 sentences

2013We note that with regard to the examination, the trial judge is required to do more than merely “go through the motions.” See Tibbs, 323 Md. at 32 , 590 A.2d at 551 (noting that “[i]t is not sufficient that an accused merely respond affirmatively to a naked inquiry ... ”); see also Patton v. U.S., 281 U.S. 276, 312-13 , 50 S.Ct. 253, 263 , 74 L.Ed. 854, 870 (1930), overruled on other grounds by Williams v. Florida, 399 U.S. 78 , 90 S.Ct. 1893 , 26 L.Ed.2d 446 (1970) (noting that “the duty of the trial court ... is not to be discharged as a mere matter of rote, but with sound and advised discre

2013We note that with regard to the examination, the trial judge is required to do more than merely “go through the motions.” See Tibbs, 323 Md. at 32 , 590 A.2d at 551 (noting that “[i]t is not sufficient that an accused merely respond affirmatively to a naked inquiry ... ”); see also Patton v. U.S., 281 U.S. 276, 312-13 , 50 S.Ct. 253, 263 , 74 L.Ed. 854, 870 (1930), overruled on other grounds by Williams v. Florida, 399 U.S. 78 , 90 S.Ct. 1893 , 26 L.Ed.2d 446 (1970) (noting that “the duty of the trial court ... is not to be discharged as a mere matter of rote, but with sound and advised discre

11
United States v. Capersgreen
ca2 · 2010 · cited in 1 Maryland opinions naming this issue, 2011–2011
11
Dempsey v. Stategreen
md · 1976 · cited in 1 Maryland opinions naming this issue, 2011–2011
11
Maryland State Fair & Agricultural Society, Inc. v. Leegreen
mdctspecapp · 1975 · cited in 1 Maryland opinions naming this issue, 2004–2004
11
Mirabal v. Stategreen
fladistctapp · 1997 · cited in 1 Maryland opinions naming this issue, 1998–1998
11
Commonwealth v. Coopergreen
ky · 1995 · cited in 1 Maryland opinions naming this issue, 1998–1998
11
State v. Carrollgreen
nh · 1994 · cited in 1 Maryland opinions naming this issue, 1998–1998
11
People v. Seymourgreen
michctapp · 1991 · cited in 1 Maryland opinions naming this issue, 1998–1998
11
State v. Kiddgreen
md · 1977 · cited in 1 Maryland opinions naming this issue, 1998–1998
11
State v. McCulloughgreen
washctapp · 1990 · cited in 1 Maryland opinions naming this issue, 1998–1998
11
State v. Bowegreen
haw · 1994 · cited in 1 Maryland opinions naming this issue, 1998–1998
11
Darghty v. Stategreen
miss · 1988 · cited in 1 Maryland opinions naming this issue, 1998–1998
11
Arizona v. Fulminantegreen
scotus · 1991 · cited in 1 Maryland opinions naming this issue, 1996–1996
11
Davis v. North Carolinagreen
scotus · 1966 · cited in 1 Maryland opinions naming this issue, 1993–1993
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 (56)

CaseCitedYears
Miranda v. Arizona green
scotus · 1966
2 sentences

2001Further, the confession must conform with Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), and those cases interpreting it.

1969There the confessions were invalid, not because they were coerced, but because they were made in the absence of requested counsel and without effective warnings of the constitutional right to remain silent, the Court having decided in Gideon v. Wainwright, 372 U. S. 355 (1963) that an accused has the right to counsel in all criminal cases. 5 Questions left unanswered in Escobedo were resolved in Miranda v. Arizona, 384 U. S. 436 (1966). 6 It enunciated procedural guidelines and exclusionary rules if they were not followed, but it did not discard the old voluntariness test entirely. 7 *300 It i

31969–2001
Culombe v. Connecticut green
scotus · 1961
2 sentences

1980Concluding that "the voluntariness standard is a hopelessly inadequate means of safeguarding a defendant's right of prompt presentment," id. at 325 , Johnson declined to follow the majority view.

1980Concluding that "the voluntariness standard is a hopelessly inadequate means of safeguarding a defendant’s right of prompt presentment,” id. at 325 , Johnson declined to follow the majority view.

31963–1996
State v. Thornton green
mdctspecapp · 1987
2 sentences

2020Accordingly, “[t]he factual basis requirement is inextricably linked to the voluntariness requirement.” Thornton, 73 Md.

1991We observed, at 73 Md.App. at 255-256 , 533 A.2d 951 : “The factual basis requirement is inextricably linked to the voluntariness requirement.

21991–2020
Williams v. State green
md · 2003
2 sentences

2010The Williams case involved a delay of forty-seven hours between arrest and presentment, a clear violation of the twenty-four-hour requirement embodied in Maryland Rule 4-212. 375 Md. at 414, 825 A.2d 1078 .

2003As Judge Wilner explained in Williams v. State, 375 Md. 404 , 825 A.2d 1078 (2003): The test under the statute, and under the Constitution, remains voluntariness.

22003–2010
Schneckloth v. Bustamonte green
scotus · 1973
2 sentences

2010If the appellant either 1) was not subject to any Fourth Amendment detention of his person or 2) was subject to lawful detention, the voluntariness standard of Schneckloth v. Bustamonte, 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973), would apply.

2010If the appellant either 1) was not subject to any Fourth Amendment detention of his person or 2) was subject to lawful detention, the voluntariness standard of Schneckloth v. Bustamonte, 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973), would apply.

21990–2010
Hof v. State green
mdctspecapp · 1993
2 sentences

2002In Hof v. State, 97 Md.App. 242, 285-94 , 629 A.2d 1251 (1993), rev'd on other grounds, 337 Md. 581 , 655 A.2d 370 (1995), this Court analyzed in some depth why the satisfaction of Miranda is almost always an ipso facto satisfaction of the voluntariness test embodied in the Fifth and Fourteenth Amendments. 13 .

2002In Hof v. State, 97 Md.App. 242, 285-94 , 629 A.2d 1251 (1993), rev'd on other grounds, 337 Md. 581 , 655 A.2d 370 (1995), this Court analyzed in some depth why the satisfaction of Miranda is almost always an ipso facto satisfaction of the voluntariness test embodied in the Fifth and Fourteenth Amendments. 13 .

21995–2002
Colorado v. Connelly green
scotus · 1986
2 sentences

1998Again, as he has conceded that there is no State action in this case, we agree that such an argument is foreclos *677 ed. See, e.g., Reynolds v. State, 327 Md. 494, 504 , 610 A.2d 782 (1992); Colorado v. Connelly, 479 U.S. 157, 164 , 107 S.Ct. 515, 520 , 93 L.Ed.2d 473 (1986). 3 Rather, Pappas concedes that the only basis upon which his confession could possibly be suppressed is under Maryland’s common law doctrine of voluntariness.

1998Again, as he has conceded that there is no State action in this case, we agree that such an argument is foreclos *677 ed. See, e.g., Reynolds v. State, 327 Md. 494, 504 , 610 A.2d 782 (1992); Colorado v. Connelly, 479 U.S. 157, 164 , 107 S.Ct. 515, 520 , 93 L.Ed.2d 473 (1986). 3 Rather, Pappas concedes that the only basis upon which his confession could possibly be suppressed is under Maryland’s common law doctrine of voluntariness.

21998–1998
Linkins v. State green
md · 1953
2 sentences

1993In the 1940’s, common law voluntariness was the basis for decision in Lubinski v. State, 180 Md. 1, 4-8 , 22 A.2d 455 (1941) (inducement of “It will help you a lot”); Taylor v. State, 187 Md. 306, 310-312 , 49 A.2d 787 (1946) (threat of violence and claim of actual beating); Jones v. State, 188 Md. 263, 268-271 , 52 A.2d 484 (1947) (suspect held under arrest and without counsel; threat of mob violence); Smith v. State, 189 Md. 596, 603-606 , 56 A.2d 818 (1948) (claim of threatened beating); and Cox v. State, 192 Md. 525, 531-537 , 64 A.2d 732 (1949) (defendant not taken promptly before committ

1993In the 1940’s, common law voluntariness was the basis for decision in Lubinski v. State, 180 Md. 1, 4-8 , 22 A.2d 455 (1941) (inducement of “It will help you a lot”); Taylor v. State, 187 Md. 306, 310-312 , 49 A.2d 787 (1946) (threat of violence and claim of actual beating); Jones v. State, 188 Md. 263, 268-271 , 52 A.2d 484 (1947) (suspect held under arrest and without counsel; threat of mob violence); Smith v. State, 189 Md. 596, 603-606 , 56 A.2d 818 (1948) (claim of threatened beating); and Cox v. State, 192 Md. 525, 531-537 , 64 A.2d 732 (1949) (defendant not taken promptly before committ

21993–1995
Kier v. State green
md · 1957
2 sentences

1993In the 1940’s, common law voluntariness was the basis for decision in Lubinski v. State, 180 Md. 1, 4-8 , 22 A.2d 455 (1941) (inducement of “It will help you a lot”); Taylor v. State, 187 Md. 306, 310-312 , 49 A.2d 787 (1946) (threat of violence and claim of actual beating); Jones v. State, 188 Md. 263, 268-271 , 52 A.2d 484 (1947) (suspect held under arrest and without counsel; threat of mob violence); Smith v. State, 189 Md. 596, 603-606 , 56 A.2d 818 (1948) (claim of threatened beating); and Cox v. State, 192 Md. 525, 531-537 , 64 A.2d 732 (1949) (defendant not taken promptly before committ

1993In the 1940’s, common law voluntariness was the basis for decision in Lubinski v. State, 180 Md. 1, 4-8 , 22 A.2d 455 (1941) (inducement of “It will help you a lot”); Taylor v. State, 187 Md. 306, 310-312 , 49 A.2d 787 (1946) (threat of violence and claim of actual beating); Jones v. State, 188 Md. 263, 268-271 , 52 A.2d 484 (1947) (suspect held under arrest and without counsel; threat of mob violence); Smith v. State, 189 Md. 596, 603-606 , 56 A.2d 818 (1948) (claim of threatened beating); and Cox v. State, 192 Md. 525, 531-537 , 64 A.2d 732 (1949) (defendant not taken promptly before committ

21968–1993
Keller v. State green
mdctspecapp · 1967
2 sentences

1993To be voluntary, a statement cannot be “extracted by any sort of threats or violence, nor obtained by any direct or implied promises, however slight, nor by the exertion of any improper influence.” ’ Keller v. State, 2 Md.App. 628, 626-627 [ 236 A.2d 313 (1967) ], quoting Malloy v. Hogan, 378 U.S. 1, 7 , [ 84 S.Ct. at 1493 ].” (emphasis supplied).

1969“The basic standard governing the admissibility of an extrajudicial statement is whether, considering the totality of the circumstances, the statement was voluntary * * * To be voluntary, a statement cannot be ‘extracted by any sort of threats or violence, nor obtained by any direct or implied promises, however slight, nor by the exertion of any improper influence.’ ” Keller v. State, 2 Md.

21969–1993
Dennis v. Warden, Maryland Penitentiary green
mdctspecapp · 1969
2 sentences

1993The regular cross-referencing and cross-fertilization between the Supreme Court and the Court of Appeals over the decades, moreover, reinforces this identity- Indeed, far from being a bold assertion, it may merely be a recognition of the wisdom of Judge Orth, a quarter of a century ago, in Dennis v. Warden, 6 Md.App. 295, 300 , 251 A.2d 909 (1969): *284 “It is clear that the rule established in this State is in accord with the voluntariness test followed by the Supreme Court. ‘The basic standard governing the admissibility of an extrajudicial statement is whether, considering the totality of t

1993The regular cross-referencing and cross-fertilization between the Supreme Court and the Court of Appeals over the decades, moreover, reinforces this identity- Indeed, far from being a bold assertion, it may merely be a recognition of the wisdom of Judge Orth, a quarter of a century ago, in Dennis v. Warden, 6 Md.App. 295, 300 , 251 A.2d 909 (1969): *284 “It is clear that the rule established in this State is in accord with the voluntariness test followed by the Supreme Court. ‘The basic standard governing the admissibility of an extrajudicial statement is whether, considering the totality of t

21977–1993
Bean v. State green
md · 1964
2 sentences

1987Similarly, in Bean v. State, 234 Md. 432 , 199 A.2d 773 (1964), there was no request to see a parent by the juvenile, and the Court specifically considered this fact, as well as the juvenile’s age and mental ability, in determining the voluntariness of the waiver and subsequent confession.

1987Similarly, in Bean v. State, 234 Md. 432 , 199 A.2d 773 (1964), there was no request to see a parent by the juvenile, and the Court specifically considered this fact, as well as the juvenile’s age and mental ability, in determining the voluntariness of the waiver and subsequent confession.

21987–1993
Pablo Carreon v. United States green
ca7 · 1978
2 sentences

1991In Carreon v. United States, 578 F.2d 176 (7th Cir.1978), the appellate court found the trial court had violated the factual basis requirement of Rule 11 by relying on counsel’s statement that the defendant had been informed about possible defenses.

1987In Carreon v. U.S., 578 F.2d 176 (7th Cir.1978), the appellate court found the trial court had violated the factual basis requirement of Rule 11 by relying on counsel’s statement that the defendant had been informed about possible defenses.

21987–1991
McNabb v. United States green
scotus · 1943
2 sentences

1981Despite the array of contrary authority, we were convinced in Johnson that the view we there adopted, following the lead of the United States Supreme Court in Mallory v. United States, 354 U.S. 449 , 77 S.Ct. 1356 , 1 L.Ed.2d 1479 (1957), and McNabb v. United States, 318 U.S. 332 , 63 S.Ct. 608 , 87 L.Ed. 819 (1943), was the sound position. [6] The Supreme Court thus stated in Miranda (394 U.S. at 444-445, emphasis supplied): "As for the procedural safeguards to be employed, unless other fully effective means are devised to inform accused persons of their right of silence and to assure a conti

1981Despite the array of contrary authority, we were convinced in Johnson that the view we there adopted, following the lead of the United States Supreme Court in Mallory v. United States, 354 U.S. 449 , 77 S.Ct. 1356 , 1 L.Ed.2d 1479 (1957), and McNabb v. United States, 318 U.S. 332 , 63 S.Ct. 608 , 87 L.Ed. 819 (1943), was the sound position. [6] The Supreme Court thus stated in Miranda (394 U.S. at 444-445, emphasis supplied): "As for the procedural safeguards to be employed, unless other fully effective means are devised to inform accused persons of their right of silence and to assure a conti

21963–1981
Mallory v. United States green
scotus · 1957
2 sentences

1981Despite the array of contrary authority, we were convinced in Johnson that the view we there adopted, following the lead of the United States Supreme Court in Mallory v. United States, 354 U.S. 449 , 77 S. Ct. 1356 , 1 L.

1981Despite the array of contrary authority, we were convinced in Johnson that the view we there adopted, following the lead of the United States Supreme Court in Mallory v. United States, 354 U.S. 449 , 77 S. Ct. 1356 , 1 L.

21963–1981
Aguilera v. State green
mdctspecapp · 2010
1 sentence

2023Rather, in the absence of a trigger, the court is permitted to make its voluntariness determination based on the defendant’s demeanor, without asking any specific questions about voluntariness.” Aguilera, 193 Md.

12023–2023
Forman v. Motor Vehicle Administration green
md · 1993
2 sentences

2018Evaluating the voluntariness of the waiver In addressing the voluntariness of any consent to testing, this Court has stated, "a person detained for drunk driving must be capable of making a knowing and voluntary decision to refuse the alcohol concentration test." Forman v. Motor Vehicle Administration , 332 Md. 201 , 218, 630 A.2d 753 , 762 (1993).

2018Evaluating the voluntariness of the waiver In addressing the voluntariness of any consent to testing, this Court has stated, "a person detained for drunk driving must be capable of making a knowing and voluntary decision to refuse the alcohol concentration test." Forman v. Motor Vehicle Administration , 332 Md. 201 , 218, 630 A.2d 753 , 762 (1993).

12018–2018
Valonis v. State green
md · 2013
2 sentences

2014Valonis, 431 Md. at 567 , 66 A.3d at 670 .

2014Valonis, 431 Md. at 567 , 66 A.3d at 670 .

12014–2014
State v. Daughtry green
md · 2011
2 sentences

2012Judge Harrell described the voluntariness standard in State v. Daughtry, 419 Md. 35, 79-80 , 18 A.3d 60 (2011): Our decision in the present case in no way “overrules prior law and declares a new principle of law.” The law of this State with respect to the voluntariness of guilty pleas has been the same over the past thirty years since we decided Piiet (if not longer): “[WJhether, considering the record as a whole, the trial judge could fairly determine that the defendant understood the nature of the charge to which he pleaded guilty.” ...

2012Judge Harrell described the voluntariness standard in State v. Daughtry, 419 Md. 35, 79-80 , 18 A.3d 60 (2011): Our decision in the present case in no way “overrules prior law and declares a new principle of law.” The law of this State with respect to the voluntariness of guilty pleas has been the same over the past thirty years since we decided Piiet (if not longer): “[WJhether, considering the record as a whole, the trial judge could fairly determine that the defendant understood the nature of the charge to which he pleaded guilty.” ...

12012–2012
Rountree v. Lerner Development Co. green
mdctspecapp · 1982
12011–2011
Florida v. Royer green
scotus · 1983
12010–2010
Facon v. State green
md · 2003
12010–2010
Zylanz v. State green
md · 2006
12006–2006
Kang v. State green
md · 2006
12006–2006
Thornton v. State neutral
md · 2005
12006–2006
People v. Collins green
cal · 2001
12003–2003
Beck v. Mangels green
md · 1995
12002–2002
Ohio v. Robinette green
scotus · 1996
12002–2002
Ferris v. State green
md · 1999
12002–2002
Scott v. State green
mdctspecapp · 1985
11998–1998
Reynolds v. State green
md · 1992
11998–1998
Mullaney v. Wilbur green
scotus · 1975
11995–1995
White v. State green
mdctspecapp · 1971
11993–1993
Wiggins v. State green
md · 1964
11993–1993
Combs v. State green
md · 1965
11993–1993
Mercer v. State green
md · 1965
11993–1993
Miller v. State green
md · 1963
11993–1993
Cox v. State green
md · 1949
11993–1993
Lubinski v. State green
md · 1941
11993–1993
Jones v. State green
md · 1947
11993–1993

Where else courts name it

TX 134 (1974–2026) AZ 122 (1964–2026) NY 76 (1965–2026) CA 63 (1978–2026) AL 59 (1973–2024) MN 59 (1978–2026) TN 51 (1969–2026) PA 49 (1975–2026) IL 49 (1975–2025) MD 47 (1963–2025) IN 42 (1975–2024) FL 38 (1971–2021) CO 37 (1971–2026) OH 37 (1984–2025) MS 37 (1985–2025) MA 37 (1976–2026) GA 32 (1978–2025) NJ 32 (1967–2026) ME 31 (1976–2024) WA 27 (1976–2026) IA 26 (1974–2023) MI 26 (1969–2025) KS 23 (1983–2025) LA 22 (1977–2014) OR 20 (1970–2023) WI 20 (1978–2025) HI 17 (1964–2025) CT 16 (1978–2022) NC 14 (1968–2018) AR 14 (1980–2010) VT 13 (1984–2023) DC 13 (1981–2022) VA 12 (1992–2024) KY 12 (1994–2025) SC 12 (1996–2024) MO 10 (1973–2017) WV 10 (1977–2026) DE 9 (1967–2025) NM 9 (1978–2021) UT 9 (1986–2019) MT 8 (1988–2024) SD 8 (1981–2025) WY 8 (1995–2021) ID 7 (1985–2023) NE 7 (1985–2025) AK 6 (1987–2020) ND 6 (1977–2016) RI 5 (1985–2013) NV 5 (1980–2022) NH 4 (1984–2021) OK 4 (1972–1995)

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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