137 Md. App. 295 - Gerald v. State’s Empirical Analysis

Citation profile

39 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The court instructed the jury on the elements of each charge, but it did not explain how the assault and robbery charges related to one another, how they differed, and what the jury needed to find to convict under both charges. See Graham v. State, 117 Md.App. 280, 289 , 699 A.2d 1204 (1997) (no ambiguity where the court clearly explained the difference between the two counts at issue); Cortez v. State, 104 Md.App. 358, 369 , 656 A.2d 360 (1995) (advising courts on how to instruct juries to avoid merger problems). With an ambiguity in the indictment, and non-curative instructions, the first degree assault conviction must indeed merge into the robbery conviction.”

   2 later decisions quote this exact passage
   e.g. 219 Md. App. 234 - Wallace v. State · 192 Md. App. 1 - Morris v. State

2. “[T]he authenticity of a writing or statement is not a question of the application of a technical rule of evidence. It goes to genuineness and conditional relevance, as the jury can readily understand. Thus, if a prima facie showing is made, the writing or statement comes in, and the ultimate question of authenticity is left to the jury.”

   2 later decisions quote this exact passage
   e.g. 232 Md. App. 430 - Darling v. State · Griffin v. State