113 Md. App. 1 - Thomas v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Gibbs , the Court of Special Appeals made a determination based on the record that the witness’s statements at trial were more credible than his extra-judicial identification. Of course, Rule 5-802.1, in allowing inconsistent extra-judicial statements into court so long as the witness is available for cross-examination, necessarily requires that a trier of fact make a determination as to whether the in-trial statement or the extra-judicial statement of a given witness is more credible. Thus, in the case of inconsistent extra-judicial statements, the trier of fact must make a determination based on the witness demeanor and other circumstances as to whether the inconsistent extrajudicial statements or the witness’s statements at trial are more credible. As appellee noted, appellant, in relying on Gibbs ... is asking this Court to overturn a jury’s determination as to the credibility of witnesses, although the situation is unusual in that the determination actually being made is as to whether the witness’s statements at trial or his prior inconsistent statements are to be believed.”

   1 later decision quote this exact passage
   e.g. 152 Md. App. 623 - Belton v. State