15 Md. App. 73 - Baker v. State’s Empirical Analysis
1972
Citation profile
3 federal appellate · 2 district · 44 state decisions
How this case has been cited
Cited by 49 later decisions — most recently October 2016 · most notably Stevenson v. State (1980), 19 Md. App. 507 - Stanley v. State (1974)
3 federal appellate · 2 district · 44 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Johnson v. Zerbst · Gideon v. Wainwright · North Carolina v. Pearce · Ashe v. Swenson · Benton v. Maryland
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* -x- * we are persuaded that the proper interpretation of Gori is that of the Stewart opinion in Jorn . -x- x-”
3 later decisions quote this exact passage · from the majority“* * * [Mr. Justice Harlan’s] opinion is * * * not that of the [Supreme] Court and because it is not the opinion of the Court none of its findings, conclusions and views are constitutionally the “Supreme Law” of Maryland nor are the “Judges of this State, and all the People of this State * * * bound thereby.” In other words, the opinion of the plurality of four Justices is no more controlling in this State than is the dissenting opinion of the three Justices. Therefore, we may look at the Harlan opinion and the Stewart opinion only in the frame of reference of their persuasiveness.”
2 later decisions quote this exact passage · from the majority“* * * The trial court was admittedly faced with an awkward situation when two co-defendants pulled in separate directions. It did not, however, in my judgment, persevere sufficiently in exploring whether the juror in question had heard any argument at all or, even in that eventuality, had heard such argument as would be likely to prejudice him against the defendants. It did not explore with defense counsel the possibility of seating an alternate juror. The trial court indicated that it foreswore this possibility out of solicitude for the two black defendants, since the replacement would have worked to remove the only black juror on the panel. I believe that the appellant Whitfield should have been permitted the option of weighing whatever advantage he thought that black juror might have been to him versus the disadvantage of having his trial aborted and having to go through the entire procedure again. Nor do I feel that the trial court gave sufficient consideration to the possibility of severing the two defendants and proceeding with the trial of Whitfield, notwithstanding the mistrial as to Baker. In short, I feel that the trial judge acted precipitously and thereby abused his discretion. Accordingly, I would reverse the order denying the motion to dismiss the indictments as to Whitfield.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.