115 Md. App. 208 - Clark v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[T]he time limit set forth in Maryland Rule 4-345(b) governs when a defendant can be committed to a drug treat ment facility as part of his or her sentence. A court may commit the defendant to a drug treatment facility upon conviction. H.G. § 8-507(a). If the court does not commit the defendant to a drug treatment facility at that time, a court can still modify its sentence and commit a defendant to a drug treatment program, if a timely motion is filed within ninety days after conviction. Maryland Rule 4-345(b). It does not matter when the court acts on such a timely filed motion, only that it be filed timely. After the 90 day period expires without a motion being filed, the court has no authority to amend a sentence, unless the sentence involved ‘fraud, mistake, or irregularity.’ Maryland Rule 4-345(b). Because none of these circumstances was alleged in appellant’s motion, the circuit court correctly dismissed appellant’s motion for lack of jurisdiction.””

   2 later decisions quote this exact passage
   e.g. 148 Md. App. 178 - State v. Warfield · Clark v. State

2. ““The court has revisory power and control over a sentence upon a motion filed within 90 days after its imposition ... in circuit court, whether or not an appeal has been filed. Thereafter, the court has revisory power and control over the sentence in case of fraud, mistake, or irregularity, or as provided in section (d) of this Rule. The court may not increase a sentence after the sentence has been imposed, except that it may correct an evident mistake in the announcement of the sentence if the correction is made on the record before the defendant leaves the courtroom following the sentencing proceeding.””

   1 later decision quote this exact passage
   e.g. Clark v. State

3. ““If a court finds in a criminal case that a defendant has an alcohol or drug dependency, the court may commit the defendant as a condition of release, after conviction, or at any other time the defendant voluntarily agrees to treatment to the Department for inpatient, residential, or outpatient treatment.””

   1 later decision quote this exact passage · from the dissent
   e.g. Clark v. State