129 Md. App. 150 - Bryant v. State’s Empirical Analysis

Citation profile

2 federal appellate · 10 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The defendant in this case did not testify, and the State’s argument related only to this courtroom conduct. Nowhere in the record is there to be found any reference to the alleged conduct of the accused. The prosecutor was arguing a fact not in evidence, and compounding that by adding her personal assurance that the alleged conduct occurred by saying, “We all saw it.” The argument related to conduct of the accused that was entirely passive—his alleged failure to “look [the witness] in the eye.” The argument was not, therefore, a comment on intentional conduct of an accused calculated to influence the jury. Moreover, the prosecutor argued her conclusion that the defendant’s failure to “look her in the eye” was evidence of guilt—“He knew she was telling the truth.”—a questionable inference at best. There may be any number of reasons why a defendant will not fix his or her gaze upon a witness, including a possible earlier instruction by defense counsel to avoid any possible implication that the defendant is attempting to intimidate or “stare down” a witness. The prosecutor should have focused on evidence that was before the jury, which may include fair comment on the demeanor of witnesses while they are on the stand, but which will ordinarily not include comments on the courtroom demeanor of the defendant.”

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

2. “[T]he courtroom demeanor of a defendant who has not testified is irrelevant. His demeanor has not been entered into evidence and, therefore, comment is beyond the scope of legitimate summary.”

   1 later decision quote this exact passage
   e.g. 409 N.J. Super. 40 - State v. Adames

3. “We do not understand this statement ordinarily to condone comments of the prosecutor on the passive courtroom demeanor of a non-testifying defendant.”

   1 later decision quote this exact passage
   e.g. 409 N.J. Super. 40 - State v. Adames