15 Md. App. 462 - Pearson v. State’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The essential nature of the peremptory challenge is that it is one exercised without a reason stated, without inquiry and without being subject to the court’s control ____ While challenges for cause permit rejection of jurors on a narrowly specified, provable and legally cognizable basis of partiality, the peremptory permits rejection for a real or imagined partiality that is less easily designated or demonstrable____ It is often exercised upon the ‘sudden impressions and unaccountable prejudices we are apt to conceive upon the bare looks and gestures of another,’ ... upon a juror’s ‘habits and associations,’ ... or upon the feeling that ‘the bare question [of a juror’s] indifference may sometimes provoke a resentment,’ ... It is no less frequently exercised on grounds normally thought irrelevant to legal proceedings or official action, namely, the race, religion, nationality, occupation or affiliations of people summoned for jury duty. For the question a prosecutor or defense counsel must decide is not whether a juror of a particular race or nationality is in fact partial, but whether one from a different group is less likely to be.” (Citations omitted).”

   2 later decisions quote this exact passage · from the majority
   e.g. 74 Md. App. 353 - St. Luke Evangelical Lutheran Church, Inc. v. Smith · 20 Md. App. 201 - Spencer v. State

2. ““In a trial in which the defendant is subject, on any single count, to a sentence of death, life imprisonment or twenty years or more of imprisonment, except for common law offenses for which no specific penalty is provided by statute, each defendant shall be permitted twenty peremptory challenges and the State shall be permitted ten peremptory challenges for each defendant.””

   1 later decision quote this exact passage · from the majority
   e.g. 20 Md. App. 201 - Spencer v. State

3. ““Rule 543. Jury Selection, Strikes, Challenges, etc.... Law a. Petit Jury. 3. [Peremptory Strikes — Number] Each party may peremptorily strike, without cause, four persons from the lists of twenty provided for in paragraph 1 of section a. of this Rule, and the remaining twelve persons shall thereupon be immediately empaneled and sworn as the petit jury in the action.”

   1 later decision quote this exact passage · from the majority
   e.g. 33 Md. App. 413 - Vaccaro v. Caple