1 Md. App. 581 - Davis v. State’s Empirical Analysis

Citation profile

17 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Prior to admitting the statements, testimony as to their voluntariness was first given before the trial judge out of the presence of the jury and subsequently repeated in the presence of the jury. “The admissibility of a confession is, preliminarily, a matter for the trial judge. Conflicts in testimony as to how the confession was obtained are to be resolved in the first instance by the trial judge and if, after fi nally and independently resolving the issue of voluntariness against the accused, the trial judge admits the confession, the matter of voluntariness is finally determined by the jury. Jackson v. Denno, 378 U. S. 368 ; Sims v. Georgia, 385 U. S. 538 ; See ‘Jackson v. Denno —Revisited,’ by Justice William A. Grimes, Vol. 6, No. 3, Trial Judges Journal; Smith, v. State, 237 Md. 573 ; Hall v. State, 223 Md. 158, 169-170 . The procedure followed in the lower court was proper and we find from the record no basis for disturbing the conclusion of the trial judge or the jury.” Id. at 585.”

   1 later decision quote this exact passage · from the majority
   e.g. Robinson v. State