Lowry v. State

How courts have described this case

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

• upholding conviction where officer stopped driver for failing to obey a proper traffic control device and subsequently administered a breath test
• missing evidence instruction “generally” need not be given; it is usually sufficient to allow defendant to argue for negative inference against government regarding missing evidence during closing
• “ ‘[T]he opposing side also has an opportunity to refute the argument and counter with reasons why the inference is inappropriate.’ ” (quoting Davis v. State, 333 Md. 27, 52, 633 A.2d 867, 879-80 (1993))
• party may argue missing evidence inference to jury, but is not entitled to instruction
• law \specifies circumstances where an individual is required to take an alcohol concentration test\

Source: CourtListener parenthetical corpus (CC0).

Cited by

9 cases in this archive cite this case.

• State v. Suddith
  Court of Appeals of Maryland· 2004-02-12· cited 72×
• Commonwealth v. Kee
  Massachusetts Supreme Judicial Court· 2007-07-20· cited 44×
• Bereano v. State Ethics Commission
  Court of Appeals of Maryland· 2008-03-19· cited 31×
• Motor Vehicle Administration v. Gonce
  Court of Appeals of Maryland· 2016-01-22· cited 14×
• Janey v. State
  Court of Special Appeals of Maryland· 2006-01-31· cited 12×
• Motor Vehicle Administration v. Dove
  Court of Appeals of Maryland· 2010-03-17· cited 12×
• Motor Vehicle Administration v. Aiken
  Court of Appeals of Maryland· 2011-01-25· cited 9×
• Motor Vehicle Administration v. Illiano
  Court of Appeals of Maryland· 2005-12-16· cited 7×
• (2002)
  Maryland Attorney General Reports· 2002-09-12

Cites

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

• Schmerber v. California
  Supreme Court· 1966-06-20· cited 6,067×
• Boyde v. California
  Supreme Court· 1990-04-23· cited 1,983×
• Simmons v. South Carolina
  Supreme Court· 1994-06-17· cited 1,326×
• Taylor v. Kentucky
  Supreme Court· 1978-05-30· cited 844×
• Kaczorowski v. Mayor of Baltimore
  Court of Appeals of Maryland· 1987-05-15· cited 588×
• State v. Hutchinson
  Court of Appeals of Maryland· 1980-02-25· cited 131×
• Williams v. Mayor of Baltimore
  Court of Appeals of Maryland· 2000-06-08· cited 120×
• Davis v. State
  Court of Appeals of Maryland· 1993-12-09· cited 107×
• Height v. State
  Court of Appeals of Maryland· 1961-05-04· cited 96×
• State v. Bell
  Court of Appeals of Maryland· 1998-11-17· cited 93×
• Custer Channel Wing Corp. v. United States
  Supreme Court· 1967-10-09· cited 92×
• Bruce v. State
  Court of Appeals of Maryland· 1990-02-27· cited 77×
• State v. Loscomb
  Court of Appeals of Maryland· 1981-10-13· cited 67×
• Patterson v. State
  Court of Appeals of Maryland· 1999-12-09· cited 60×
• Levine v. Rendler
  Court of Appeals of Maryland· 1974-06-03· cited 55×
• Johnson v. State
  Court of Appeals of Maryland· 1992-02-21· cited 54×
• Motor Vehicle Administration v. Shrader
  Court of Appeals of Maryland· 1991-10-31· cited 53×
• Eley v. State
  Court of Appeals of Maryland· 1980-09-16· cited 53×
• Riemer v. Columbia Medical Plan, Inc.
  Court of Appeals of Maryland· 2000-03-10· cited 45×
• Nooe v. Mayor of Baltimore
  Court of Special Appeals of Maryland· 1975-10-07· cited 43×