Skip to main content
Federal & State Lawfederalstatelaw.com
Home/Federal/Cases
Court of Appeals of Maryland· 8/20/1993

Fairbanks v. State

Citations

  • 629 A.2d 63
  • 331 Md. 482
  • 1993 Md. LEXIS 125

How courts have described this case

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

  • “Post-conviction and habeas corpus remedies are available only if the defendant is in custody or subject to conditions of parole or probation.”
  • “[T]he Supreme Court decided in Gideon that indigent defendants in state felony prosecutions are entitled to appointment of counsel.”
  • “Because a facially valid conviction is entitled to a strong presumption of regularity, [a post-conviction relief] procedure clearly places the burden of proof where it should be — upon the defendant attacking the conviction.”
  • State carries burden of proving counseled plea by adducing “a docket entry or other affirmative statement that the defendant waived the right to counsel. If the record does not so show, the State bears the burden of showing waiver”
  • “A defendant who is prevented [by our ruling] from challenging the constitutionality of a prior conviction ... during a sentencing proceeding ... may thereafter mount a collateral challenge by any means that remain available, including post-conviction procedures ....”
  • “Because a facially valid conviction is entitled to a strong presumption of regularity, [established procedures for collaterally attacking a conviction, including the UPPA,] clearly placet ] the burden of proof where it should be — upon the defendant attacking the conviction.”

Source: CourtListener parenthetical corpus (CC0).

Judges: McAULIFFE

Read full opinion on CourtListener

Cited by

20 cases in this archive cite this case.

Cites

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

Other cases with this name

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.