Legal Opinion · Dissent

Eagan v. Ayd

Court of Appeals of Maryland

Decided August 4, 1988No. 176, September Term, 1987Published

1Dissent

Dissenting opinion by ELDRIDGE, Judge, in which COLE and McAULIFFE, Judges, concur.

Under the majority opinion, whenever paternity defendants fail to submit to blood tests ordered under Maryland Code (1984), § 5-1029 of the Family Law Article, courts *280may ignore the sole sanction expressly set forth in that statute, and may generally enforce their orders through the sanction of civil contempt. This approach contradicts well-established rules of statutory construction, disregards the General Assembly’s long-standing policy favoring a person’s freedom to resist coercive governmental intrusion…

2Cases cited30 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. State v. Roll and SchollCourt of Appeals of Maryland · 1973
  3. State v. MeachamWashington Supreme Court · 1980
  4. Vanderford v. Farmers' & Mechanics' National BankCourt of Appeals of Maryland · 1907
  5. Office & Professional Employees International Union, Local 2 v. Mass Transit AdministrationCourt of Appeals of Maryland · 1982

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