Legal Opinion
Hersch v. State
Court of Appeals of Maryland
Decided September 7, 1989No. 26, 27, September Term 1988PublishedCited by 25 opinions
1Opinion of the Court
McAULIFFE, Judge.
These two cases, tried separately in the Circuit Court for Prince George’s County, generate the same question—may a waiver of the right to a hearing and to adequate proof of a violation of probation be accomplished by a defendant’s attorney, or is the right so substantial that waiver of it requires a personal, knowing, and intelligent waiver by the defendant?
I
Joseph Edward Hersch was convicted in 1984 of possession of PCP with the intent to distribute. He was sentenced to twenty years imprisonment, but the execution of all except one year of the sentence was suspended, and…
2Cases cited32 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
- Fay v. NoiaSupreme Court of the United States · 1963
27 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- McElroy v. StateCourt of Appeals of Maryland · 1993
- Adkins v. StateCourt of Appeals of Maryland · 1991
- Wink v. StateCourt of Appeals of Maryland · 1989
- In Re Blessen H.Court of Appeals of Maryland · 2006
- Jones v. StateCourt of Appeals of Maryland · 1998
20 more not listed; retrieve them via the Exa API.