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Legal Opinion

Johnson v. State

Court of Special Appeals of Maryland

Decided April 2, 2026No. 0772/24Published

1Opinion of the Court

Terance Johnson, Jr. v. State of Maryland, Case No. 772, Sept. Term, 2024, and Teriquo Lamont Johnson v. State of Maryland, Case No. 881, Sept. Term, 2024, Opinion filed on April 2, 2026, by Berger, J. CRIMINAL LAW – ASSAULT AND BATTERY – PROVOCATION The defense of hot-blooded response to adequate provocation operates to negate malice in the homicide context, thereby mitigating a murder charge to manslaughter. The defense only applies to murder and crimes aligned with the essence of murder, such that an element of the subject crime could supplant the requisite malice of a murder charge. In…

2Cases cited25 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. State v. SmithCourt of Appeals of Maryland · 2003
  3. Robinson v. StateCourt of Appeals of Maryland · 1999
  4. Smith v. StateCourt of Appeals of Maryland · 2010
  5. Richmond v. StateCourt of Appeals of Maryland · 1993

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