143 Md. App. 97 - Thomas v. State’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) The accused must have had reasonable grounds to believe himself in apparent imminent or immediate danger of death or serious bodily harm from his assailant or potential assailant; (2) The accused must have in fact believed himself in this danger; (3) The accused claiming the right of self-defense must not have been the aggressor or provoked the conflict; and (4) The force used must have not been unreasonable and excessive, that is, the force must not have been more force than the exigency demanded.”

   2 later decisions quote this exact passage
   e.g. 235 Md. App. 175 - Ford v. State · 158 Md. App. 558 - State v. Peterson

2. “The conduct of the trial “must of necessity rest largely in the control and discretion of the presiding judge,” and an appellate court should not interfere with that judgment unless there has been error or clear abuse of discretion. See Wilhelm v. State, 272 Md. 404, 413 , 326 A.2d 707 (1974); Simpson v. State, 121 Md.App. 263, 283 , 708 A.2d 1126 (1998). Consistent with the trial court’s authority concerning the conduct of trial, “the scope of examination of witnesses at trial is a matter left largely to the discretion of the trial judge and no error will be recognized unless there is clear abuse of discretion.” Oken v. State, 327 Md. 628, 669 , 612 A.2d 258 (1992), cert. denied, 507 U.S. 931 , 113 S.Ct. 1312 , 122 L.Ed.2d 700 (1993) [other citations omitted]. To be sure, “a cross-examiner must be given wide latitude in attempting to establish a witness’ bias or motivation to testify falsely.” Merzbacher v. State, 346 Md. 391, 413 , 697 A.2d 432 (1997) [other citation omitted]. Nevertheless, a “balancing test” must be employed by the trial judge, so that “questioning [is] not ... allowed to stray into collateral matters which would obscure the trial issues and lead to the factfinder’s confusion.” Smallwood v. State, 320 Md. 300, 307-308 , 577 A.2d 356 (1990). “As the decision to limit cross-examination ordinarily falls within the sound discretion of the trial court, our sole function on appellate review is to determine whether the trial judge imposed limitations upon cross-e”

   1 later decision quote this exact passage
   e.g. 189 Md. App. 526 - In Re Lavar D.

3. “Limitation of cross-examination should not occur, however, until after the defendant has reached his constitutionally required threshold level of inquiry. Stated another way, although the scope of cross-examination is generally limited to the subjects raised on direct examination, within that limit a defendant should be free to cross-examine in order to elucidate, modify, explain, contradict, or rebut testimony given in chief. It is also proper to cross-examine as to facts or circumstances inconsistent with testimony, and to bring out the relevant remainder or whole of any conversation, transaction, or statement brought out on direct questioning. Finally, and particularly pertinent to the instant case, one should be allowed to cross-examine in order to determine the reasons for acts or statements referred to on direct examination.”

   1 later decision quote this exact passage
   e.g. 191 Md. App. 196 - Rodriguez v. State