alibi defense (Maryland) · Go Syfert
← Maryland issues

alibi defense in Maryland

46 Maryland opinions name it 2 courts 1974–2022 3 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 (35)

CaseFollowedCited
Simms v. Stategreen
mdctspecapp · 2010 · cited in 3 Maryland opinions naming this issue, 2011–2019
2 sentences

2019An alibi defense is a defendant's claim "that he [or she] was at another place at the time when the alleged crime was committed[.]" Simms , 194 Md.

2019When a criminal defendant asserts an alibi defense, he or she does so not as an affirmative defense but to "den[y] the claim of the prosecution that he was present at the scene of the crime at the time it was committed." Simms v. State , 194 Md.

33
Edward v. Lawrence v. Bill Armontroutgreen
ca8 · 1990 · cited in 3 Maryland opinions naming this issue, 2002–2018
2 sentences

2018Id. *268 On appeal, the Eighth Circuit reversed, stating that, "once Lawrence provided his trial counsel with the names of potential alibi witnesses, it was unreasonable of her not to make some effort to interview all these potential witnesses to ascertain whether their testimony would aid an alibi defense." Id.

2018Id. *268 On appeal, the Eighth Circuit reversed, stating that, "once Lawrence provided his trial counsel with the names of potential alibi witnesses, it was unreasonable of her not to make some effort to interview all these potential witnesses to ascertain whether their testimony would aid an alibi defense." Id.

33
State v. Gradygreen
md · 1975 · cited in 9 Maryland opinions naming this issue, 1975–2012
2 sentences

2012If a rule does not squarely amend a prior rule, but merely clarifies it or comments on dicta associated with it, then it will not qualify as “not previously recognized.” See Hunt v. State, 345 Md. 122, 151-52 , 691 A.2d 1255, 1269 (1997) (holding that Wills v. State, 329 Md. 370 , 620 A.2d 295 (1993) did not “alter existing case law” relating to the reasonable doubt jury instruction, and that language in Wills relied upon by the petitioner as a new rule was not part of the holding in that case); see also Davis v. State, 285 Md. 19, 23-31 , 400 A.2d 406, 408-12 (1979) (holding that State v. Gra

2012If a rule does not squarely amend a prior rule, but merely clarifies it or comments on dicta associated with it, then it will not qualify as “not previously recognized.” See Hunt v. State, 345 Md. 122, 151-52 , 691 A.2d 1255, 1269 (1997) (holding that Wills v. State, 329 Md. 370 , 620 A.2d 295 (1993) did not “alter existing case law” relating to the reasonable doubt jury instruction, and that language in Wills relied upon by the petitioner as a new rule was not part of the holding in that case); see also Davis v. State, 285 Md. 19, 23-31 , 400 A.2d 406, 408-12 (1979) (holding that State v. Gra

29
Pulley v. Stategreen
mdctspecapp · 1978 · cited in 7 Maryland opinions naming this issue, 1982–2019
2 sentences

2001“An alibi instruction removes the possibility that the jury will place the burden of proof upon the defendant with respect to the alibi.” 38 Md.App. at 689 , 382 A.2d 621 .

2001“An alibi instruction removes the possibility that the jury will place the burden of proof upon the defendant with respect to the alibi.” 38 Md.App. at 689 , 382 A.2d 621 .

27
Smith v. Stategreen
md · 1985 · cited in 5 Maryland opinions naming this issue, 1996–2019
2 sentences

2019Defense counsel simply overlooked requesting the 'alibi' jury instruction, notwithstanding his presentation of an alibi defense." In fact, Mann's trial counsel testified at the post-conviction hearing that "If it's an alibi defense, you ask for an alibi instruction." Although Judge Moylan found no deficiency in counsel's "disinclination" to request the alibi instruction in Schmitt , here there was simply a "failure." Id. at 37 , 779 A.2d 1004 .

2019Defense counsel simply overlooked requesting the 'alibi' jury instruction, notwithstanding his presentation of an alibi defense." In fact, Mann's trial counsel testified at the post-conviction hearing that "If it's an alibi defense, you ask for an alibi instruction." Although Judge Moylan found no deficiency in counsel's "disinclination" to request the alibi instruction in Schmitt , here there was simply a "failure." Id. at 37 , 779 A.2d 1004 .

25
Williams v. Floridagreen
scotus · 1970 · cited in 3 Maryland opinions naming this issue, 1979–2010
2 sentences

2010See Williams v. Florida, 399 U.S. 78, 83 , 90 S.Ct. 1893 , 26 L.Ed.2d 446 (1970) (“[T]he privilege against self-incrimination is not violated by a requirement that the defendant give notice of an alibi defense and disclose his alibi witnesses.”).

2010See Williams v. Florida, 399 U.S. 78, 83 , 90 S.Ct. 1893 , 26 L.Ed.2d 446 (1970) (“[T]he privilege against self-incrimination is not violated by a requirement that the defendant give notice of an alibi defense and disclose his alibi witnesses.”).

23
In Re Parris W.green
md · 2001 · cited in 2 Maryland opinions naming this issue, 2019–2019
2 sentences

2019App. 285 , 308, 4 A.3d 72 , 85 (2010) (cleaned up); see also In re Parris W ., 363 Md. 717 , 728, 770 A.2d 202 , 208 (2001) ("An alibi is not an affirmative defense[.]").

2019App. 285 , 308, 4 A.3d 72 , 85 (2010) (cleaned up); see also In re Parris W ., 363 Md. 717 , 728, 770 A.2d 202 , 208 (2001) ("An alibi is not an affirmative defense[.]").

22
Robertson v. Stategreen
mdctspecapp · 1996 · cited in 5 Maryland opinions naming this issue, 2001–2011
2 sentences

2011See Robertson v. State, 112 Md.App. 366, 382 , 685 A.2d 805, 810 (1996) (noting that an alibi defense is not an affirmative defense and “the defendant, himself, need not introduce alibi evidence in order to generate the basis for an instruction on the issue.”). *723 In Maryland, as in “the federal system and more than forty states,” a defendant must “give advance notice of his [or her] intent to raise an alibi defense.” Simms, 194 Md.App. at 308 , 4 A.3d at 85 (quoting Wayne R.

2011See Robertson v. State, 112 Md.App. 366, 382 , 685 A.2d 805, 810 (1996) (noting that an alibi defense is not an affirmative defense and “the defendant, himself, need not introduce alibi evidence in order to generate the basis for an instruction on the issue.”). *723 In Maryland, as in “the federal system and more than forty states,” a defendant must “give advance notice of his [or her] intent to raise an alibi defense.” Simms, 194 Md.App. at 308 , 4 A.3d at 85 (quoting Wayne R.

15
Robinson v. Stategreen
mdctspecapp · 1974 · cited in 3 Maryland opinions naming this issue, 2011–2020
2 sentences

2011The defendant’s right to raise an alibi defense is preserved throughout the trial because, “like any other defense testimony, [it] is simply a means of controverting the State’s effort to establish criminal agency.” Robinson v. State, 20 Md.App. 450, 459 , 316 A.2d 268 (1974).

2011The defendant’s right to raise an alibi defense is preserved throughout the trial because, “like any other defense testimony, [it] is simply a means of controverting the State’s effort to establish criminal agency.” Robinson v. State, 20 Md.App. 450, 459 , 316 A.2d 268 (1974).

13
Davis v. Stategreen
md · 1979 · cited in 3 Maryland opinions naming this issue, 1982–2012
2 sentences

2012If a rule does not squarely amend a prior rule, but merely clarifies it or comments on dicta associated with it, then it will not qualify as “not previously recognized.” See Hunt v. State, 345 Md. 122, 151-52 , 691 A.2d 1255, 1269 (1997) (holding that Wills v. State, 329 Md. 370 , 620 A.2d 295 (1993) did not “alter existing case law” relating to the reasonable doubt jury instruction, and that language in Wills relied upon by the petitioner as a new rule was not part of the holding in that case); see also Davis v. State, 285 Md. 19, 23-31 , 400 A.2d 406, 408-12 (1979) (holding that State v. Gra

2012If a rule does not squarely amend a prior rule, but merely clarifies it or comments on dicta associated with it, then it will not qualify as “not previously recognized.” See Hunt v. State, 345 Md. 122, 151-52 , 691 A.2d 1255, 1269 (1997) (holding that Wills v. State, 329 Md. 370 , 620 A.2d 295 (1993) did not “alter existing case law” relating to the reasonable doubt jury instruction, and that language in Wills relied upon by the petitioner as a new rule was not part of the holding in that case); see also Davis v. State, 285 Md. 19, 23-31 , 400 A.2d 406, 408-12 (1979) (holding that State v. Gra

13
Floyd v. Stategreen
md · 1954 · cited in 3 Maryland opinions naming this issue, 1978–2012
2 sentences

2012If a rule does not squarely amend a prior rule, but merely clarifies it or comments on dicta associated with it, then it will not qualify as “not previously recognized.” See Hunt v. State, 345 Md. 122, 151-52 , 691 A.2d 1255, 1269 (1997) (holding that Wills v. State, 329 Md. 370 , 620 A.2d 295 (1993) did not “alter existing case law” relating to the reasonable doubt jury instruction, and that language in Wills relied upon by the petitioner as a new rule was not part of the holding in that case); see also Davis v. State, 285 Md. 19, 23-31 , 400 A.2d 406, 408-12 (1979) (holding that State v. Gra

2012If a rule does not squarely amend a prior rule, but merely clarifies it or comments on dicta associated with it, then it will not qualify as “not previously recognized.” See Hunt v. State, 345 Md. 122, 151-52 , 691 A.2d 1255, 1269 (1997) (holding that Wills v. State, 329 Md. 370 , 620 A.2d 295 (1993) did not “alter existing case law” relating to the reasonable doubt jury instruction, and that language in Wills relied upon by the petitioner as a new rule was not part of the holding in that case); see also Davis v. State, 285 Md. 19, 23-31 , 400 A.2d 406, 408-12 (1979) (holding that State v. Gra

13
Wright v. Smithgreen
nywd · 1977 · cited in 2 Maryland opinions naming this issue, 2001–2019
2 sentences

2019The Pulley Court stressed the importance of giving an alibi instruction, citing *605 Wright v. Smith , 434 F.Supp. 339 , 344 (W.D.N.Y. 1977) 5 for the proposition: When a defendant raises an alibi defense, he is entitled to jury instructions that specify that the Government must bear the burden of persuasion on this element of the offense as well.

2001We quoted Wright v. Smith, 434 F.Supp. 339, 344 (W.D.N.Y.1977), to the effect that without the arguably redundant instruction, “there is a likelihood that the jury will become confused about the burden of persuasion.” Our holding was clear: *31 We find no merit in the State’s contention in the instant case that the requested alibi instruction was “fairly covered” by the trial court’s other instructions with respect to the presumption of innocence and the burden of proving the appellant guilty beyond a reasonable doubt. 38 Md.App. at 690 , 382 A.2d 621 .

12
State v. Manngreen
mdctspecapp · 2019 · cited in 1 Maryland opinions naming this issue, 2019–2019
2 sentences

2019I agree with the Court of Special Appeals that “the record here is devoid of any strategic reason for not requesting an alibi instruction.” State v. Mann, 240 Md.

2019App. 592, 601 , 207 A.3d 653, 658 (2019).

11
Hunt v. Stategreen
md · 1997 · cited in 1 Maryland opinions naming this issue, 2012–2012
2 sentences

2012If a rule does not squarely amend a prior rule, but merely clarifies it or comments on dicta associated with it, then it will not qualify as “not previously recognized.” See Hunt v. State, 345 Md. 122, 151-52 , 691 A.2d 1255, 1269 (1997) (holding that Wills v. State, 329 Md. 370 , 620 A.2d 295 (1993) did not “alter existing case law” relating to the reasonable doubt jury instruction, and that language in Wills relied upon by the petitioner as a new rule was not part of the holding in that case); see also Davis v. State, 285 Md. 19, 23-31 , 400 A.2d 406, 408-12 (1979) (holding that State v. Gra

2012If a rule does not squarely amend a prior rule, but merely clarifies it or comments on dicta associated with it, then it will not qualify as “not previously recognized.” See Hunt v. State, 345 Md. 122, 151-52 , 691 A.2d 1255, 1269 (1997) (holding that Wills v. State, 329 Md. 370 , 620 A.2d 295 (1993) did not “alter existing case law” relating to the reasonable doubt jury instruction, and that language in Wills relied upon by the petitioner as a new rule was not part of the holding in that case); see also Davis v. State, 285 Md. 19, 23-31 , 400 A.2d 406, 408-12 (1979) (holding that State v. Gra

11
Snyder v. Stategreen
md · 2000 · cited in 1 Maryland opinions naming this issue, 2011–2011
11
Parker v. Stategreen
md · 2009 · cited in 1 Maryland opinions naming this issue, 2011–2011
11
Grandison v. Stategreen
md · 2005 · cited in 1 Maryland opinions naming this issue, 2011–2011
11
Brogden v. Stategreen
md · 2005 · cited in 1 Maryland opinions naming this issue, 2011–2011
11
Borchardt v. Stategreen
md · 2001 · cited in 1 Maryland opinions naming this issue, 2011–2011
11
Thomas v. Stategreen
md · 2002 · cited in 1 Maryland opinions naming this issue, 2011–2011
11
Thomas v. Stategreen
md · 2007 · cited in 1 Maryland opinions naming this issue, 2011–2011
11
McKoy v. United Statesgreen
dc · 1986 · cited in 1 Maryland opinions naming this issue, 2010–2010
11
People v. McFarlandgreen
illappct · 1981 · cited in 1 Maryland opinions naming this issue, 2010–2010
11
State Ex Rel. Simos v. Burkegreen
wis · 1968 · cited in 1 Maryland opinions naming this issue, 2010–2010
11
State v. Coccogreen
ohioctapp · 1943 · cited in 1 Maryland opinions naming this issue, 2010–2010
11
Commonwealth v. Cottamgreen
pasuperct · 1992 · cited in 1 Maryland opinions naming this issue, 2002–2002
11
Frank Johns v. E. P. Perini, Superintendent, Marion Correctional Institutiongreen
ca6 · 1972 · cited in 1 Maryland opinions naming this issue, 2001–2001
11
Henderson v. United Statesgreen
dc · 1992 · cited in 1 Maryland opinions naming this issue, 1996–1996
11
Waddell v. Stategreen
mdctspecapp · 1985 · cited in 1 Maryland opinions naming this issue, 1996–1996
11
United States v. Jeffrey Scott Webstergreen
ca8 · 1985 · cited in 1 Maryland opinions naming this issue, 1996–1996
11
Holt v. Stategreen
mdctspecapp · 1982 · cited in 1 Maryland opinions naming this issue, 1996–1996
11
Bryant v. Stategreen
mdctspecapp · 1990 · cited in 1 Maryland opinions naming this issue, 1996–1996
11
Jackson v. Stategreen
mdctspecapp · 1974 · cited in 1 Maryland opinions naming this issue, 1996–1996
11
Pippins v. Stategreen
ga · 1968 · cited in 1 Maryland opinions naming this issue, 1985–1985
11
Hudson v. Stategreen
fladistctapp · 1980 · cited in 1 Maryland opinions naming this issue, 1985–1985
11

Distinguished, questioned or overruled (2)

CaseNegativeCited
Williams v. Floridagreen
scotus · 1970 · cited in 3 Maryland opinions naming this issue, 1979–2010
2 sentences

2010See Williams v. Florida, 399 U.S. 78, 83 , 90 S.Ct. 1893 , 26 L.Ed.2d 446 (1970) (“[T]he privilege against self-incrimination is not violated by a requirement that the defendant give notice of an alibi defense and disclose his alibi witnesses.”).

2010See Williams v. Florida, 399 U.S. 78, 83 , 90 S.Ct. 1893 , 26 L.Ed.2d 446 (1970) (“[T]he privilege against self-incrimination is not violated by a requirement that the defendant give notice of an alibi defense and disclose his alibi witnesses.”).

13
Commonwealth v. Fromalgreen
pa · 1990 · cited in 1 Maryland opinions naming this issue, 1996–1996
11

Also cited on this issue (44)

CaseCitedYears
State v. Simms green
md · 2011
2 sentences

2022Id. at 738 .

2020App. 285, 320-21 (2010), aff’d on other grounds, 420 Md. 705 (2011), where this Court distinguished between permissible and impermissible argument regarding an alibi defense, as follows: Where a defendant testifies to an alibi and calls no additional witnesses to support it, the prosecution, by commenting on the nonproduction of corroborating alibi witnesses, is merely pointing out the weakness in defendant’s case.

42020–2022
Donald G. Griffin v. Warden, Maryland Correctional Adjustment Center Attorney General of the State of Maryland green
ca4 · 1992
2 sentences

2018Id.

2001Moreover, it is precisely the sort of evidence that an alibi defense refutes best.” Id. at 1359 . *732 Appellant’s case is also similar to Montgomery v. Petersen, 846 F.2d 407 (7th Cir.1988).

32001–2018
Syed v. State green
mdctspecapp · 2018
2 sentences

2019The Court of Special Appeals explained that, "no reasonable evaluation of the advantages or disadvantages of [Ms.] McClain's alibi testimony, as compared to an alibi defense based on [Mr.] Syed's habit or routine, could be made without first contacting [Ms.] McClain." Syed , 236 Md.

2019The Court of Special Appeals explained that, “no reasonable evaluation of the advantages or disadvantages of [Ms.] McClain’s alibi testimony, as compared to an alibi defense based on [Mr.] Syed’s habit or routine, could be made without first contacting [Ms.] McClain.” Syed, 236 Md.

22019–2019
Schmitt v. State green
mdctspecapp · 2001
2 sentences

2019Addressing whether Schmitt's trial counsel rendered deficient performance by choosing not to request an alibi instruction, Judge Moylan began by noting that "Maryland's trial courts were through the early 1970's regularly referring to the alibi as an 'affirmative defense' and squarely allocating to the *599 defendant the burden of persuasion as to such a defense by a preponderance of the evidence." Id. at 28 , 779 A.2d 1004 .

2019Addressing whether Schmitt's trial counsel rendered deficient performance by choosing not to request an alibi instruction, Judge Moylan began by noting that "Maryland's trial courts were through the early 1970's regularly referring to the alibi as an 'affirmative defense' and squarely allocating to the *599 defendant the burden of persuasion as to such a defense by a preponderance of the evidence." Id. at 28 , 779 A.2d 1004 .

22019–2019
Bryant v. Scott green
ca5 · 1994
2 sentences

2018Id.

2018Id.

22018–2018
Commonwealth v. Pounds green
pa · 1980
2 sentences

2002The trial judge must convey to the jury that its “determination that the affirmative defense has not been established is essential to finding that the [State] has met its burden.” Commonwealth v. Cottam, 420 Pa.Super. 311 , 616 A.2d 988, 1000-01 (1992). 7 As in an alibi defense, “such an instruction is necessary due to the danger that the failure to prove the defense will be taken by the jury as a sign of the defendant’s guilt.” Commonwealth v. Pounds, 490 Pa. 621, 633-34 , 417 A.2d 597 (1980).

2002The trial judge must convey to the jury that its “determination that the affirmative defense has not been established is essential to finding that the [State] has met its burden.” Commonwealth v. Cottam, 420 Pa.Super. 311 , 616 A.2d 988, 1000-01 (1992). 7 As in an alibi defense, “such an instruction is necessary due to the danger that the failure to prove the defense will be taken by the jury as a sign of the defendant’s guilt.” Commonwealth v. Pounds, 490 Pa. 621, 633-34 , 417 A.2d 597 (1980).

21985–2002
Bonds v. State green
mdctspecapp · 1982
2 sentences

2002To establish a rule that would allow a criminal defendant to demand such specificity by raising an alibi defense would thwart justice and, in our view, is not required by either the Maryland or United States Constitutions. 51 Md.App. at 107 , 442 A.2d 572 (emphasis supplied).

2002To establish a rule that would allow a criminal defendant to demand such specificity by raising an alibi defense would thwart justice and, in our view, is not required by either the Maryland or United States Constitutions. 51 Md.App. at 107 , 442 A.2d 572 (emphasis supplied).

21991–2002
Grady v. State green
mdctspecapp · 1974
2 sentences

1996Grady v. State, 24 Md.App. 85 , 329 A.2d 726 (1974), aff'd 276 Md. 178 , 345 A.2d 436 (1975), lies at the other end of the spectrum.

1996Grady v. State, 24 Md.App. 85 , 329 A.2d 726 (1974), aff'd 276 Md. 178 , 345 A.2d 436 (1975), lies at the other end of the spectrum.

21975–1996
Dillon v. State green
mdctspecapp · 1975
2 sentences

1985Brooks v. State, 53 Md.App. 285 , 452 A.2d 1285 , cert. denied, 295 Md. 529 (1982); Dillon v. State, 27 Md.

1978Under these circumstances, the court’s refusal to grant appellant’s request for an alibi instruction, where the instruction correctly stated applicable law, see Dillon v. State, 27 Md.

21978–1985
Newton v. State green
md · 2017
2 sentences

2019STANDARD OF REVIEW "The review of a postconviction court's findings regarding ineffective assistance of counsel is a mixed question of law and fact." Newton v. State , 455 Md. 341 , 351, 168 A.3d 1 (2017) (citing Harris v. State , 303 Md. 685 , 698, 496 A.2d 1074 (1985) ).

2019STANDARD OF REVIEW "The review of a postconviction court's findings regarding ineffective assistance of counsel is a mixed question of law and fact." Newton v. State , 455 Md. 341 , 351, 168 A.3d 1 (2017) (citing Harris v. State , 303 Md. 685 , 698, 496 A.2d 1074 (1985) ).

12019–2019
Strickland v. Washington green
scotus · 1984
2 sentences

2019The failure to request an alibi instruction, in light of the testimony from four possible alibi witnesses, constituted deficient performance under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 (1984), in the absence or acknowledgement on the record that the failure was rooted in trial strategy.

2019The failure to request an alibi instruction, in light of the testimony from four possible alibi witnesses, constituted deficient performance under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 (1984), in the absence or acknowledgement on the record that the failure was rooted in trial strategy.

12019–2019
Bowers v. State green
md · 1990
2 sentences

2019Here, where an alibi instruction was not given because trial counsel failed to request it, there is "a substantial or significant possibility that the verdict of the trier of fact [was] affected." Bowers , 320 Md. at 426 , 578 A.2d 734 .

2019Here, where an alibi instruction was not given because trial counsel failed to request it, there is "a substantial or significant possibility that the verdict of the trier of fact [was] affected." Bowers , 320 Md. at 426 , 578 A.2d 734 .

12019–2019
Mosley v. State green
md · 2003
2 sentences

2019Mosley , 378 Md. at 558 , 836 A.2d 678 .

2019Mosley , 378 Md. at 558 , 836 A.2d 678 .

12019–2019
Harris v. State green
md · 1985
2 sentences

2019STANDARD OF REVIEW "The review of a postconviction court's findings regarding ineffective assistance of counsel is a mixed question of law and fact." Newton v. State , 455 Md. 341 , 351, 168 A.3d 1 (2017) (citing Harris v. State , 303 Md. 685 , 698, 496 A.2d 1074 (1985) ).

2019STANDARD OF REVIEW "The review of a postconviction court's findings regarding ineffective assistance of counsel is a mixed question of law and fact." Newton v. State , 455 Md. 341 , 351, 168 A.3d 1 (2017) (citing Harris v. State , 303 Md. 685 , 698, 496 A.2d 1074 (1985) ).

12019–2019
Douglas v. State green
md · 2011
2 sentences

2014As Hawes correctly asserts, the Douglas Court also held that the requirement in section 8-301(b) that a petitioner “distinguish the newly discovered evidence claimed in the petition from any claims made in prior petitions” encompasses claims made in prior petitions for writs of actual innocence, not claims made in prior petitions filed under the UPPA. 423 Md. at 184-185 , 31 A.3d 250 (“[The defendant] asserts that the phrase 'prior petitions’ does not refer to every prior filing.

2014As Hawes correctly asserts, the Douglas Court also held that the requirement in section 8-301(b) that a petitioner “distinguish the newly discovered evidence claimed in the petition from any claims made in prior petitions” encompasses claims made in prior petitions for writs of actual innocence, not claims made in prior petitions filed under the UPPA. 423 Md. at 184-185 , 31 A.3d 250 (“[The defendant] asserts that the phrase 'prior petitions’ does not refer to every prior filing.

12014–2014
Wills v. State green
md · 1993
2 sentences

2012If a rule does not squarely amend a prior rule, but merely clarifies it or comments on dicta associated with it, then it will not qualify as “not previously recognized.” See Hunt v. State, 345 Md. 122, 151-52 , 691 A.2d 1255, 1269 (1997) (holding that Wills v. State, 329 Md. 370 , 620 A.2d 295 (1993) did not “alter existing case law” relating to the reasonable doubt jury instruction, and that language in Wills relied upon by the petitioner as a new rule was not part of the holding in that case); see also Davis v. State, 285 Md. 19, 23-31 , 400 A.2d 406, 408-12 (1979) (holding that State v. Gra

2012If a rule does not squarely amend a prior rule, but merely clarifies it or comments on dicta associated with it, then it will not qualify as “not previously recognized.” See Hunt v. State, 345 Md. 122, 151-52 , 691 A.2d 1255, 1269 (1997) (holding that Wills v. State, 329 Md. 370 , 620 A.2d 295 (1993) did not “alter existing case law” relating to the reasonable doubt jury instruction, and that language in Wills relied upon by the petitioner as a new rule was not part of the holding in that case); see also Davis v. State, 285 Md. 19, 23-31 , 400 A.2d 406, 408-12 (1979) (holding that State v. Gra

12012–2012
Marshall v. State green
md · 2010
12010–2010
Taliaferro v. State green
md · 1983
12010–2010
Hooven & Allison Co. v. Evatt neutral
ohio · 1943
12010–2010
State v. Cocco neutral
ohio · 1943
12010–2010
Taliaferro v. Maryland green
scotus · 1983
12010–2010
Stallworth v. Detroit Board of Education green
scotus · 1983
12010–2010
Welty v. United States green
scotus · 1983
12010–2010
Miller v. United States green
scotus · 1988
12010–2010
Salisbury v. United States neutral
scotus · 1988
12010–2010
Jones v. Jones green
scotus · 1988
12010–2010
Kelly v. State green
md · 2006
12009–2009
State v. Hutchinson green
md · 1980
12005–2005
Hayes v. Mountain Comprehensive Care Center green
scotus · 2001
12005–2005
Trice v. Moore green
scotus · 2001
12005–2005
Pride v. Ward green
scotus · 2001
12005–2005
Ware v. State green
md · 2000
12005–2005
Williams v. State green
mdctspecapp · 1976
12005–2005
cluster 657232 green
ca8 · 1993
12002–2002
Darrel Wayne Hill, Appellee/cross-Appellant v. A.L. Lockhart, Director, Arkansas Department of Correction, Appellant/cross-Appellee green
ca8 · 1994
12002–2002
State v. Mulkey green
md · 1989
12002–2002
Mathews v. United States green
scotus · 1988
12002–2002
State v. Gross green
mdctspecapp · 2000
12001–2001
Carl William Montgomery v. Dale Petersen green
ca7 · 1988
12001–2001
Eastman v. State green
mdctspecapp · 1980
12000–2000

Where else courts name it

NY 337 (1910–2026) IL 273 (1934–2026) PA 213 (1933–2026) CA 167 (1922–2026) GA 158 (1911–2025) MI 140 (1926–2026) MO 131 (1893–2025) TX 99 (1972–2026) OH 96 (1977–2026) MS 94 (1951–2025) TN 86 (1970–2026) IN 85 (1902–2019) NJ 77 (1964–2026) CT 70 (1974–2024) FL 65 (1935–2025) WA 49 (1949–2025) KS 47 (1938–2025) MD 46 (1974–2022) MA 41 (1970–2023) WI 40 (1967–2026) OR 39 (1926–2026) AL 36 (1922–2025) AZ 35 (1945–2026) IA 34 (1911–2023) NC 31 (1973–2024) DC 29 (1972–2008) CO 28 (1947–2025) WV 28 (1930–2021) NM 26 (1968–2025) VA 24 (1978–2026) UT 23 (1911–2022) SC 22 (1974–2023) NE 21 (1897–2024) DE 20 (1979–2025) LA 20 (1975–2025) SD 16 (1945–2007) OK 16 (1933–1998) HI 15 (1983–2017) NH 15 (1984–2024) MN 14 (1953–2023) MT 12 (1978–2017) VT 11 (1979–2014) ID 10 (1972–2025) AK 10 (1978–2025) WY 9 (1977–2004) ND 7 (1980–2018) NV 7 (1971–2020) AR 6 (1983–2017) KY 5 (1961–2023) ME 4 (1977–2013) GU 3 (1978–2022) RI 3 (1979–1986)

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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