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Johnson v. State

Document Justia Case Summary Cited authorities 33 Cited in 148 Precedent Map Related
Docket Number84/11
Decision Date10 July 2012
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146 cases
  • Greene v. State
    • United States
    • Court of Special Appeals of Maryland
    • 8 Junio 2018
    ...subject matter jurisdiction in the circuit court for lesser included charges under a Blockburger5 analysis. See Johnson v. State , 427 Md. 356, 376 n.12, 47 A.3d 1002 (2012) (citing Hagans v. State , 316 Md. 429, 447–50, 559 A.2d 792 (1989) for the proposition that a defendant may be convic......
  • Pitts v. State
    • United States
    • Court of Special Appeals of Maryland
    • 29 Abril 2021
    ...illegal sentence because of some arguable procedural flaw in the sentencing procedure.(Emphasis supplied.) See also Johnson v. State, 427 Md. 356, 367, 47 A.3d 1002 (2012) ("The scope of this privilege...is narrow. To constitute an illegal sentence under Rule 4-345(a), the illegality must i......
  • Pitts v. State
    • United States
    • Court of Special Appeals of Maryland
    • 29 Abril 2021
    ...illegal sentence because of some arguable procedural flaw in the sentencing procedure.(Emphasis supplied.) See also Johnson v. State, 427 Md. 356, 367, 47 A.3d 1002 (2012) ("The scope of this privilege...is narrow. To constitute an illegal sentence under Rule 4-345(a), the illegality must i......
  • Shannon v. State
    • United States
    • Court of Special Appeals of Maryland
    • 4 Junio 2019
    ...firearm" is Md. Rule 4-345(a), providing that "[t]he court may correct an illegal sentence at any time." See, e.g., Johnson v. State , 427 Md. 356, 362, 47 A.3d 1002 (2012) (vacating conviction and sentence on ground that "sentence for assault with intent to murder was illegal because that ......
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2 books & journal articles
  • Sentencing Motions
    • United States
    • Maryland State Bar Association Warnken's Maryland Criminal Procedure (MSBA) Chapter 30 Sentencing
    • Invalid date
    ...the defendant cannot succeed. An illegal sentence may be challenged through a motion to correct an illegal sentence. In Johnson v. State, 427 Md. 356 (2012), the Court of Appeals explained that what constitutes an illegal sentence is not always easy to define, stating: To constitute an ille......
  • Amendment—Maryland Rule 4-204
    • United States
    • Maryland State Bar Association Criminal Practice & Procedure in The District Court of Maryland (MSBA) Chapter 2 The Charging Document
    • Invalid date
    ...act not alleged in the original document. Counts v. State, 444 Md. 52, 65, 118 A.3d 894, 902 (2015); see also Johnson (Jarmal) v. State, 427 Md. 356, 375, 47 A.3d 1002, 1013-14 (2012) (quoting Tracy v. State, 319 Md. 452, 457, 573 A.2d 38, 40 (1990)) ("[A]n amendment will be allowed, in an ......

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