Lane v. State

How courts have described this case

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

• holding that the Court must consider appellant’s argument that attempted rape by a husband of his wife is not a crime
• reviewing question of whether second-degree rape of a spouse was a crime because “a court may not validly enter a conviction on a charge that does not constitute a crime and . . . the deficiency in any such judgment is jurisdictional in nature”
• “A person does not commit criminal sexual conduct under §§ 39-3701 — 39-3706 if the victim is that person’s legal spouse.”
• “[W]hen [a] jurisdictional deficiency comes to light in either an appeal or a collateral attack on the judgment, [it] ought to be declared so.”
• “By Maryland common law, the attempt to commit a crime is, itself, a separate crime—a misdemeanor” unless the attempt is made a felony by statute

Source: CourtListener parenthetical corpus (CC0).

Cited by

20 cases in this archive cite this case.

• Jones v. State
  Court of Appeals of Maryland· 2004-02-18· cited 99×
• State v. Dominy
  Tennessee Supreme Court· 1999-11-08· cited 91×
• Mitchell v. State
  Court of Appeals of Maryland· 2001-03-05· cited 57×
• Moore v. State
  Court of Appeals of Maryland· 2005-09-07· cited 35×
• State v. Mayers
  Court of Appeals of Maryland· 2010-12-22· cited 27×
• State v. North
  Court of Appeals of Maryland· 1999-10-13· cited 16×
• Dabney v. State
  Court of Special Appeals of Maryland· 2004-10-04· cited 12×
• Francz v. Francz
  Court of Special Appeals of Maryland· 2004-07-15· cited 11×
• State v. Adams
  Court of Special Appeals of Maryland· 2006-12-05· cited 8×
• Kohler v. State
  Court of Special Appeals of Maryland· 2012-02-02· cited 6×
• Mitchell v. State
  Court of Special Appeals of Maryland· 2000-06-01· cited 5×
• Allen v. State
  Court of Special Appeals of Maryland· 2006-11-30· cited 5×
• Lapin v. State
  Court of Special Appeals of Maryland· 2009-10-01· cited 4×
• Johnson v. State
  Court of Special Appeals of Maryland· 2011-06-30· cited 4×
• Maxwell v. State
  Court of Special Appeals of Maryland· 2006-03-30· cited 3×
• Paz v. State
  Court of Special Appeals of Maryland· 1999-04-06· cited 1×
• State of Tennessee v. Terry Allen Dominy
  Tennessee Supreme Court· 1999-11-08
• Starkey v. State
  Court of Special Appeals of Maryland· 2002-11-06
• Harris v. State
  Court of Special Appeals of Maryland· 2021-07-28
• SWENSON, AARON CALEB v. the State of Texas
  Court of Criminal Appeals of Texas· 2024-11-20

Cites

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

• United States v. Philip Berrigan, in No. 72-1938, and Elizabeth McAlister Appeal of Elizabeth McAlister In
  Third Circuit· 1973-06-27· cited 294×
• Ford v. State
  Court of Appeals of Maryland· 1993-06-10· cited 157×
• State v. Huffman
  West Virginia Supreme Court· 1955-05-31· cited 153×
• Williams v. State
  Court of Appeals of Maryland· 1985-04-24· cited 100×
• Walker v. State
  Court of Special Appeals of Maryland· 1982-12-06· cited 83×
• Hardy v. State
  Court of Appeals of Maryland· 1984-10-22· cited 77×
• Commonwealth v. Chretien
  Massachusetts Supreme Judicial Court· 1981-03-09· cited 75×
• Townes v. State
  Court of Appeals of Maryland· 1988-10-24· cited 67×
• Hazel v. State
  Court of Appeals of Maryland· 1960-02-17· cited 61×
• Mitchell v. State
  Court of Appeals of Maryland· 1896-03-24· cited 60×
• Cox v. State
  Court of Appeals of Maryland· 1988-01-06· cited 54×
• Bruce v. State
  Court of Appeals of Maryland· 1989-11-28· cited 47×
• Gray v. State
  Court of Special Appeals of Maryland· 1979-07-16· cited 46×
• State v. Smith
  Supreme Court of New Jersey· 1981-02-10· cited 36×
• Thomas v. Hardisty
  Court of Appeals of Maryland· 1958-07-08· cited 33×
• Weishaupt v. Commonwealth
  Supreme Court of Virginia· 1984-04-27· cited 28×
• State v. Haines
  Supreme Court of Louisiana· 1899-03-20· cited 26×
• Wiley v. State
  Court of Appeals of Maryland· 1965-03-02· cited 23×
• Warren v. State
  Supreme Court of Georgia· 1985-11-06· cited 21×
• State v. . Dowell
  Supreme Court of North Carolina· 1890-02-05· cited 20×