124 Md. App. 401 - Bowers 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. “Judge McAuliffe stated that what worries the court is the defendant who doesn’t want to waive his right to counsel but is using the right and the safeguards to abuse the system. The Court needs to be able to find a waiver and curtail these abusive tactics.... Judge McAuliffe reiterated that under current practice, once the inquiry is properly done and the record so reflects, it does not have to be redone. Judge McAuliffe commented that protection is afforded the subsequent judge through the State’s Attorney’s Office. If the first judge missed something, the State’s Attorney will note it and mil inform the next judge of the omission so that it can be rectified. He asserted that if the defendant is fully advised of his rights at his initial appearance without counsel, the trial judge, at the commencement of the trial, can simply determine if there is a good excuse for the defendant’s appearing without a lawyer. Thus, if there is a prior waiver, the court can make sure it sticks where no good excuse dictates otherwise. And where there is no prior waiver, the court can find one by inexcusable inaction.”

   1 later decision quote this exact passage
   e.g. 171 Md. App. 297 - Broadwater v. State

2. “In short, the Rules Committee recommended that the Rule 4-215(a) advisement of rights and penalties be conducted upon a defendant’s first appearance in court so that a subsequent judge would have greater power to “curtail ... abusive tactics.” It was contemplated by the Committee that if part of the litany were omitted, the State could point out the problem to a subsequent judge “so that it can be rectified.” Under the other sections of the Rule, the problem would have to be corrected before a waiver or discharge could be found.”

   1 later decision quote this exact passage
   e.g. 171 Md. App. 297 - Broadwater v. State

3. “In debating changes to Rule 723 in 1982, as part of the redesignation that would produce substantially the Rule in force today, the Rules Committee considered the point in time at which the advisement of rights and penalties should be given.”

   1 later decision quote this exact passage
   e.g. 171 Md. App. 297 - Broadwater v. State