Opinion

Department of Public Safety & Correctional Services v. Doe

  • 439 Md. 201
  • 94 A.3d 791
Court
Court of Appeals of Maryland
Filed
Jun 30, 2014
Status
Published
Author
Harrell
On the bench
Barbera, Harrell, Greene, McDonald
Cited by
25 cases
Authority
More cited than 11.4%

stating that DPSCS is “an agency of the State” for violations of a plaintiff's constitutional rights

How later courts described this case

  • stating that DPSCS is “an agency of the State” for violations of a plaintiff's constitutional rights
  • stating that DPSCS is “an agency of the State”
  • “I did not join the reasoning . . . of the plurality of the judges in . . . Doe I . . . . I concur in the judgment of [this] Court’s opinion in the present case, assuming that Doe I was decided correctly. It is, after all, the law of Maryland.”
  • reviewing circuit court's order for declaratory judgment under a de novo standard of review

Written by the judges who cited it.

The opinion

HARRELL, J.,

concurring.

I did not join the reasoning (the unconstitutionality of the Maryland statute) of the plurality of the judges in Doe v. Department of Public Safety & Correctional Services, 430 Md. 535 , 62 A.3d 123 (2013) (“Doe I ”). Rather, I concurred based on a view that Doe was entitled to specific performance of the terms of his guilty plea. Doe, 430 Md. at 569 , 62 A.3d at 143 . I rejected the plurality’s constitutionality analysis. Id.

That having been noted, I concur in the judgment of the Court’s opinion in the present case, assuming that Doe I was decided correctly. It is, after all, the law of Maryland.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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