Cunningham v. State
Decision Date | 13 July 1984 |
Citation | 477 A.2d 1195,300 Md. 316 |
Parties | Cunningham (John W., Jr.) v. State NO. 161 SEPT. TERM 1984 |
Court | Maryland Court of Appeals |
Reported below: 58 Md.App. 249, 473 A.2d 40.
Denied.
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Hof v. State
... ... State, 298 Md. 115, 129, 468 A.2d 101, 108 (1983), cert denied, 479 U.S. 890, 107 S.Ct. 292, 93 L.Ed.2d 265 (1986); Radovsky v. State, 296 Md. 386, 401, 464 A.2d 239, 247 (1983); whether the defendant was given Miranda warnings, Kidd, 281 Md. at 36, 375 A.2d at 1108; Cunningham v. State, 58 Md.App. 249, 261-62, 473 A.2d 40, 46, cert. denied, 300 Md. 316, 477 A.2d 1195 (1984); Thomas v. State, 3 Md.App. 101, 104, 238 A.2d 558, 560 (1968); the mental and ... Page 597 ... physical condition of the defendant, Dempsey v. State, 277 Md. 134, 150-54, 355 A.2d 455, 463-65 ... ...
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Burch v. State
... ... Because there is no mention of a duty to retreat in that language, he assumes that no such duty exists. That is not the case ... Imperfect self-defense, as the Court of Special Appeals noted in Cunningham v. State, 58 Md.App. 249, 254, 473 A.2d 40, 43, cert. denied, 300 Md. 316, 477 A.2d 1195 (1984), "stands in the shadow of perfect self-defense." As is clear from our pronouncements in Faulkner, supra, Dykes v. State, 319 Md. 206, 571 A.2d 1251 (1990), and State v. Martin, 329 Md. 351, 619 A.2d ... ...
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Richmond v. State, 138
... ... The other focuses on its reasonableness. Both must be assessed in light of existing circumstances ... Imperfect self-defense is a shadow form of self-defense. Cunningham v. State, 58 Md.App. 249, 254, 473 A.2d 40, 43, cert. denied, 300 Md. 316, 477 A.2d 1195 (1984). It is distinguished from self-defense by whether the honestly held belief common to both is reasonable or unreasonable. A defendant who acts in imperfect self-defense has appraised the situation ... ...
- Wilson v. State
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