Legal Opinion · Dissent

Hutchinson v. State

Court of Appeals of Maryland

Decided January 6, 1982No. [No. 76, September Term, 1981.]Published

1DissentDavidson, J.

In my view, a judgment pending on appeal is not sufficently probative to establish that a probationer committed the crime of which he was convicted and, therefore, is not admissible to show that the probationer *372violated the special condition of his probation that he obey all laws. Accordingly, I respectfully dissent.

In Maryland, it has been recognized that for certain purposes a judgment pending on appeal is not final until after the appeal has been decided. Maryland State Bar Ass’n v. Kerr, 272 Md. 687, 689, 326 A.2d 180, 181 (1974); Green v. State, 170 Md. 134, 142, 183 A. 526, 530 (1936);…

2Cases cited17 opinions

  1. Scott v. StateCourt of Appeals of Maryland · 1965
  2. Joyner v. StateSupreme Court of Florida · 1947
  3. Arbuckle v. StateCourt of Criminal Appeals of Texas · 1937
  4. United States v. Allen, John BrettCourt of Appeals for the Third Circuit · 1977
  5. Carter v. StateCourt of Criminal Appeals of Texas · 1974

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