Gainer v. State

How courts have described this case

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

• retreat not required even though the victim sometimes spent the evening at the house
• retreat not required even though the victim sometimes spent the evening at the house
• no duty to retreat when using deadly force in defense of dwelling or self-defense in the home so long as actions meet other requirements of defense of dwelling or self-defense
• “[t]he castle doctrine permits a person who is without fault and is attacked within his dwelling * * * to stand his ground and defend himself, even if a retreat could be safely accomplished”

Source: CourtListener parenthetical corpus (CC0).

Cited by

16 cases in this archive cite this case.

• Burch v. State
  Court of Appeals of Maryland· 1997-07-03· cited 112×
• State v. W.J.B.
  West Virginia Supreme Court· 1981-03-31· cited 50×
• State v. Harden
  West Virginia Supreme Court· 2009-07-27· cited 31×
• State v. Fetzik
  Supreme Court of Rhode Island· 1990-07-13· cited 27×
• Gillis v. United States
  District of Columbia Court of Appeals· 1979-03-20· cited 24×
• Dawson v. State
  Court of Special Appeals of Maryland· 1978-12-06· cited 20×
• State v. Carothers
  Supreme Court of Minnesota· 1999-06-17· cited 15×
• Sangster v. State
  Court of Special Appeals of Maryland· 1987-03-05· cited 14×
• Corbin v. State
  Court of Special Appeals of Maryland· 1992-11-02· cited 13×
• State v. Herriges
  Court of Appeals of Wisconsin· 1990-03-07· cited 12×
• State v. Bobbitt
  District Court of Appeal of Florida· 1980-11-07· cited 11×
• Redcross v. State
  Court of Special Appeals of Maryland· 1998-05-04· cited 10×
• Barton v. State
  Court of Special Appeals of Maryland· 1980-10-10· cited 6×
• State v. Walton
  Supreme Court of Rhode Island· 1992-10-29· cited 5×
• State v. Carothers
  Court of Appeals of Minnesota· 1998-10-29· cited 2×
• State v. WJB
  West Virginia Supreme Court· 1981-03-31

Cites

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

• Beard v. United States
  Supreme Court· 1895-05-27· cited 149×
• Hedges v. State
  Supreme Court of Florida· 1965-03-17· cited 109×
• Bruce v. State
  Court of Appeals of Maryland· 2001-09-11· cited 95×
• United States v. Bennie L. Peterson
  D.C. Circuit· 1973-11-05· cited 83×
• People v. Lenkevich
  Michigan Supreme Court· 1975-05-27· cited 55×
• Peterson v. State
  Court of Special Appeals of Maryland· 1972-06-29· cited 46×
• Gunther v. State
  Court of Appeals of Maryland· 1962-04-19· cited 45×
• Commonwealth v. Eberle
  Supreme Court of Pennsylvania· 1977-10-07· cited 39×
• Whitehead v. State
  Court of Special Appeals of Maryland· 1970-02-18· cited 39×
• Tipton v. State
  Court of Special Appeals of Maryland· 1967-08-01· cited 36×
• Guerriero v. State
  Court of Appeals of Maryland· 1957-06-06· cited 33×
• Law v. State
  Court of Special Appeals of Maryland· 1974-04-19· cited 28×
• Crawford v. State
  Court of Appeals of Maryland· 1963-05-01· cited 28×
• State v. Provoid
  New Jersey Superior Court App Division· 1970-06-22· cited 28×
• People v. McGrandy
  Michigan Court of Appeals· 1967-12-07· cited 27×
• Street v. State
  Court of Special Appeals of Maryland· 1975-05-28· cited 26×
• King v. State
  Court of Special Appeals of Maryland· 1977-05-16· cited 25×
• State v. Grantham
  Supreme Court of South Carolina· 1953-08-10· cited 24×
• Law v. State
  Court of Special Appeals of Maryland· 1975-12-30· cited 20×
• Cropper v. State
  Court of Appeals of Maryland· 1964-01-29· cited 19×