Court of Appeals of Maryland· 11/4/1996

Walker v. State

Citations

684 A.2d 429
343 Md. 629

How courts have described this case

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

concluding that the petitioner did not present circumstances sufficient to excuse waiver of jury instruction error
“[T]his Court has taken the position that a court, in a post conviction proceeding, can excuse a waiver based upon an earlier procedural default if the circumstances warrant such action”
“[T]he failure to object to a - 28 - jury instruction ordinarily constitutes a waiver of any later claim that the instruction was erroneous.”
“[T]he mere correction of prior incorrect dicta does not represent ‘a clear break with the past’ generating the question of ‘prospective only’ application.”
The lack of an objection to the trial court’s instruction concerning an element of the offense charged was a waiver because the post-trial Court of Appeals opinion relied upon did not modify existing law
The lack of an objection to the trial court's instruction concerning an element of the offense charged was a waiver because the post-trial Court of Appeals opinion relied upon did not modify existing law

Source: CourtListener parenthetical corpus (CC0).

Judges: Murphy

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Cited by

32 cases in this archive cite this case; the 20 most cited are listed.

Cites

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

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