Legal Opinion

State v. Waine

Court of Appeals of Maryland

Decided August 28, 2015No. 90/14PublishedCited by 18 opinions

1Opinion of the Court

*695BARBERA, C.J.

In May 2012, we decided Unger v. State, 427 Md. 383, 48 A.3d 242 (2012), and denied a motion to reconsider our decision in August of the same year. We granted certiorari to consider the State’s request that we overrule what we decided in Unger little more than three years ago. We decline to overrule Unger and return to what once was the law. To hold otherwise would depart from the principles of stare decisis, generate uncertainty, and, ultimately, undermine trust and confidence in the rule of law.

I

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Also in this document: Dissent.

2Cases cited18 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Estelle v. McGuireSupreme Court of the United States · 1991
  3. Arizona v. FulminanteSupreme Court of the United States · 1991
  4. Sullivan v. LouisianaSupreme Court of the United States · 1993
  5. Payne v. TennesseeSupreme Court of the United States · 1991

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3Cited by18 opinions

  1. Meyer v. State State v. RiveraCourt of Appeals of Maryland · 2015
  2. In Re Angeles Roca First Judicial District Philadelphia CountySupreme Court of Pennsylvania · 2017
  3. Conover v. ConoverCourt of Appeals of Maryland · 2016
  4. State v. FrazierCourt of Appeals of Maryland · 2020
  5. Small MS4 Coalition v. Dept. of EnvironmentCourt of Appeals of Maryland · 2022

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