Court of Special Appeals of Maryland· 7/6/1992

Banks v. State

Citations

608 A.2d 1249
92 Md. App. 422
1992 Md. App. LEXIS 148

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

noting verbal acts are “[u]tterance[s which are] operative facts[s]” (citing Morgan, A Suggested Classification of Utterances Admissible as Res Gestae, 31 Yale LJ 229, 231 (1922)
noting verbal acts are \[u]tterance[s which are] operative facts[s]\ (citing Morgan, A Suggested Classification of Utterances Admissible as Res Gestae, 31 Yale LJ 229, 231 (1922)
police called “[t]o investigate a cutting” where defendant actually had stabbed her boyfriend to death
“Absence of mitigation is presumed, unless the defendant produces some evidence to make mitigation an issue in the case ..., [then] the State has the burden of proving the absence of mitigating circumstances.”
“Verbal acts are those ‘out-of-court statements [that] are operative legal facts which constitute the basis of a claim, charge or defense ... and are nonhearsay.’ L. McLain, 6 Maryland Evidence § 801.7 at 278 (1987) (McLain)”
lease is admissible to prove the terms of a tenancy implied by law

Source: CourtListener parenthetical corpus (CC0).

Judges: Moylan, Bishop, Motz

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19 cases in this archive cite this case.

Cites

29 cases in this archive are cited by this case; the 20 most cited are listed.

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