Legal Opinion
Matter of Davis
Court of Special Appeals of Maryland
Decided February 5, 1973No. 401, September Term, 1972PublishedCited by 36 opinions
1Opinion of the CourtOrth, C. J.
I
Under the common law there is a presumption of criminal incapacity on the part of an infant below the age of fourteen, which is conclusive prior to the age of seven and rebuttable thereafter. When the presumption of doli incapax is rebuttable, the burden of rebutting it is on the State. Prevatte v. Director, 5 Md. App. 406, 412. 1
BRYAN GARLAND DAVIS, born 30 June 1959, would like to invoke the doli incapax rule in juvenile proceedings. He was found to be a delinquent child in the Circuit Court of Baltimore City, Division of Juvenile Causes (Juvenile Court) on 20 June 1972 and placed on…
2Cases cited20 opinions
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Bartholomey v. StateCourt of Appeals of Maryland · 1972
- State v. BuchananCourt of Appeals of Maryland · 1821
- Heath v. StateCourt of Appeals of Maryland · 2001
- In Re JohnsonCourt of Appeals of Maryland · 1969
15 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- State v. CanovaCourt of Appeals of Maryland · 1976
- In Re Dewayne H.Court of Appeals of Maryland · 1981
- In Re Timothy F.Court of Appeals of Maryland · 1996
- Spector v. StateCourt of Appeals of Maryland · 1981
- In Re Montrail M.Court of Special Appeals of Maryland · 1991
31 more not listed; retrieve them via the Exa API.