Court of Appeals of Maryland· 6/23/1980
Lykins v. State
Citations
- 415 A.2d 1113
- 288 Md. 71
- 1980 Md. LEXIS 192
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- providing that “separation of powers ‘compels that we brook no lightly assumed interference by the judicial branch with the function of [the State’s Attorney] . . . and . . . not arrogate unto our branch supervisory powers which the Constitution does not bestow’”
- providing that “separation of powers ‘compels that we brook no lightly assumed interference by the judicial branch with the function of [the State’s Attorney] . . . and . . . not arrogate unto our branch supervisory powers which the Constitution does not bestow’”
- proper remedy when prosecutor possesses confidential information concerning defendant is to bar prosecutor’s participation in new trial, not dismissal
- state’s attorney disqualified from prosecuting defendant whom he had formerly represented in divorce action
- when prosecutor previously had represented defendant but record showed no actual conflict of interest or improper motive for bringing prosecution, proper remedy was to disqualify prosecutor, not to dismiss charges
- State's Attorney's former representation of defendant merited replacement of prosecutor, not dismissal of indictment
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Digges, Eldridge, Cole, Davidson and Rodowsky
Read full opinion on CourtListenerCited by
22 cases in this archive cite this case; the 20 most cited are listed.
- Oglesby v. StateCourt of Appeals of Maryland· 2015-02-23· cited 45×
- State Ex Rel. McClanahan v. HamiltonWest Virginia Supreme Court· 1993-04-23· cited 44×
- Alexis v. StateCourt of Appeals of Maryland· 2014-03-24· cited 43×
- State Ex Rel. Keenan v. HatcherWest Virginia Supreme Court· 2001-12-10· cited 33×
- State v. LenarzSupreme Court of Connecticut· 2011-07-19· cited 25×
- Young v. StateCourt of Appeals of Maryland· 1983-09-29· cited 24×
- Gatewood v. StateCourt of Special Appeals of Maryland· 2004-09-08· cited 23×
- Gatewood v. StateCourt of Appeals of Maryland· 2005-08-15· cited 20×
- Newman v. StateCourt of Special Appeals of Maryland· 2003-12-11· cited 17×
- State v. HatfieldNebraska Supreme Court· 1984-10-12· cited 12×
- State v. GriswoldCourt of Appeals of Maryland· 2003-04-11· cited 10×
- Goldberg v. StateCourt of Appeals of Maryland· 1989-04-12· cited 7×
- United States v. WheelerArmy Court of Criminal Appeals· 2002-06-05· cited 5×
- Syed v. LeeCourt of Appeals of Maryland· 2024-08-30· cited 5×
- Carr v. StateCourt of Special Appeals of Maryland· 1981-12-03· cited 4×
- Mears v. Town of OxfordCourt of Special Appeals of Maryland· 1982-09-07· cited 4×
- Young v. StateCourt of Special Appeals of Maryland· 1982-10-07· cited 3×
- In re: Misc. 4281Court of Special Appeals of Maryland· 2016-12-02· cited 1×
- (1999)Maryland Attorney General Reports· 1999-05-24
- (2011)Maryland Attorney General Reports· 2011-10-05
Cites
14 cases in this archive are cited by this case.
- Cuyler v. SullivanSupreme Court· 1980-05-12· cited 5,389×
- Everhart v. StateCourt of Appeals of Maryland· 1975-04-14· cited 90×
- Sinclair v. StateCourt of Appeals of Maryland· 1976-09-14· cited 52×
- State v. TateSupreme Court of Louisiana· 1936-11-04· cited 45×
- Bartram v. StateCourt of Appeals of Maryland· 1977-07-07· cited 38×
- State v. Detroit MotorsNew Jersey Superior Court App Division· 1960-07-20· cited 33×
- Montgomery County Board of Appeals v. WalkerCourt of Appeals of Maryland· 1962-05-11· cited 31×
- People v. KrstovichNew York County Courts· 1972-11-06· cited 25×
- In Re RidgelySupreme Court of Delaware· 1954-06-29· cited 12×
- State v. Ensor and ComptonCourt of Appeals of Maryland· 1976-05-05· cited 12×
- State v. BrainerdSupreme Court of Vermont· 1884-01-15· cited 12×
- Sinclair v. StateCourt of Special Appeals of Maryland· 1975-06-26· cited 11×
- State v. LykinsCourt of Special Appeals of Maryland· 1979-10-09· cited 8×
- Biller v. Director, Patuxent InstitutionCourt of Special Appeals of Maryland· 1974-08-08· cited 3×
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.