Legal Opinion

McClain v. State

Court of Appeals of Maryland

Decided September 9, 1980No. [No. 94, September Term, 1979.]PublishedCited by 30 opinions

1Opinion of the CourtSmith, J.

Murphy, C. J., dissents and filed a dissenting opinion at page 471 infra.

*458We are presented with two questions in this case: (1) Whether appellant James McClain preserved for appellate review the issue of whether statements obtained from him in violation of Maryland District Rule 709 a were not admissible in evidence, as we ultimately held in Johnson v. State, 282 Md. 314, 384 A.2d 709 (1978), and if so (2) whether Johnson is applicable to a case tried before our decision there but reached for appellate review after that decision. We answer both questions in the affirmative. Hence, we shall…

2Cases cited43 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Stovall v. DennoSupreme Court of the United States · 1967
  3. Mullaney v. WilburSupreme Court of the United States · 1975
  4. Linkletter v. WalkerSupreme Court of the United States · 1965
  5. Olmstead v. United StatesSupreme Court of the United States · 1928

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3Cited by30 opinions

  1. Owens-Illinois, Inc. v. ZenobiaCourt of Appeals of Maryland · 1992
  2. State v. FrazierCourt of Appeals of Maryland · 1984
  3. Potts v. StateCourt of Appeals of Maryland · 1984
  4. Polakoff v. TurnerCourt of Appeals of Maryland · 2005
  5. Walker v. StateCourt of Appeals of Maryland · 1996

25 more not listed; retrieve them via the Exa API.

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