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Dawkins v. State

Citations

  • 547 A.2d 1041
  • 313 Md. 638
  • 1988 Md. LEXIS 130

How courts have described this case

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

  • holding that knowledge is an element of the offenses of possession of a controlled dangerous substance and possession of controlled paraphernalia
  • holding that plain error existed when the trial court omitted the essential element of knowledge from its instruction defining possession of a controlled substance
  • recognizing Washington and North Dakota as the only states to determine “knowledge is not an element of the offense of possession of controlled substances”
  • observing that the “statutory scheme strongly indicates an intention on the part of the General Assembly to require scienter as an element of the [possession of controlled substances and controlled paraphernalia] offenses”
  • observing that the \statutory scheme strongly indicates an intention on the part of the General Assembly to require scienter as an element of the [possession of controlled substances and controlled paraphernalia] offenses\
  • concluding, based partly on the relevant statutory scheme, that knowledge is an element of possession of a controlled dangerous substance and possession of controlled paraphernalia, although not explicitly set forth in the statute

Source: CourtListener parenthetical corpus (CC0).

Judges: Murphy, Eldridge, Cole, Rodowsky, McAuliffe, Adkins, Couch

Read full opinion on CourtListener

Cited by

86 cases in this archive cite this case; the 20 most cited are listed.

Cites

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

Other cases named Dawkins v. State

56 other CourtListener records share this case name; the 50 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.