Legal Opinion

Davis v. Director, Patuxent Institution

Court of Special Appeals of Maryland

Decided January 27, 1976No. 478, 597, 612, 862, September Term, 1975PublishedCited by 8 opinions

September Term, 1975.] September Term, 1975.] September Term, 1975.]

1Opinion of the CourtOrth, C. J.

The primary issue in these appeals is whether the application of the preponderance of the evidence standard in defective delinquency proceedings offends the constitutional guarantee of equal protection of the laws. 1 We hold that it does not.

THE LAW OF MARYLAND

It is the firmly established law of Maryland that the sufficiency of the evidence in a defective delinquency proceeding is to be tested by the preponderance of the evidence standard. 2 This rule was early enunciated by the Court of Appeals, Purks v. State, 226 Md. 43 (1961), 3 consistently followed by that Court, e.g., Crews v.…

2Cases cited35 opinions

  1. Jackson v. IndianaSupreme Court of the United States · 1972
  2. Humphrey v. CadySupreme Court of the United States · 1972
  3. Baxstrom v. HeroldSupreme Court of the United States · 1966
  4. Murel v. Baltimore City Criminal CourtSupreme Court of the United States · 1972
  5. Director of Patuxent Institution v. DANIELS OF PATUXENT INSTITUTIONCourt of Appeals of Maryland · 1966

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3Cited by8 opinions

  1. Dorsey v. SolomonDistrict Court, D. Maryland · 1977
  2. Penhollow v. BD. OF COMMISSIONERS CECIL COUNTYCourt of Special Appeals of Maryland · 1997
  3. Daniels v. Superintendent, Clifton T. Perkins State HospitalCourt of Special Appeals of Maryland · 1976
  4. Gayety Books, Inc. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1977
  5. Williams v. Superintendent, Clifton T. Perkins Hospital CenterCourt of Special Appeals of Maryland · 1979

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