State v. Wallace

Court of Appeals of Maryland

Decided December 11, 2002

Court of Appeals of Maryland · decided 2002-12-11

Relies on United States v. Hays · Jones v. United States · United States v. Klinginsmith

Good law ✅— No negative treatment on recordhow we know

Decided 2002-12-11

How this case has been cited

Cited by 107 later decisions — most recently October 2025 · most notably State v. Smith (2003), Longshore v. State (2007)

104 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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HARRELL and BATTAGLIA, JJ.

¶1dissent.

¶2Dissenting Opinion by HARRELL, J., in which BATTAGLIA, J., joins

¶3Consonant with my association with the dissent in Pringle v. State, 370 Md. 525, 556-66, 805 A.2d 1016, 1033-40 (2002), I respectfully dissent in the present case. Although Pringlepresaged the result in this case, I cling to a view that both it and this case are decided wrongly. In this case, I would adopt the reasoning of United States v. Klinginsmith, 25 F.3d 1507 (10th Circ.1994), cert. denied, 513 U.S. 1059, 115 S.Ct. 669, 130 L.Ed.2d 602 (1994) and United States v. Garcia, 52 F.Supp.2d 1239 (D.Kan.1999) and reverse the Court of Special Appeals.

¶4Judge BATTAGLIA authorizes me to state that she joins this dissent.