154 Md. App. 578 - Moore v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Here, Johnson was evaluated by a team of independent psychiatric experts, he was furnished with copies of the resulting reports prepared by the examiners, and he had the opportunity to subpoena and question at trial members of the examining team. Whatever the amount of required State assistance for the appointment of defense experts to enable the indigent to place this issue of insanity before the trial court, we need not determine here, for it is certain that once an accused is evaluated by state funded, impartial and competent psychiatrists, that constitutional duty, if any, ends. ‘[T]he State has no constitutional obligation to pro mote a battle between psychiatric experts by supplying defense counsel with funds wherewith to hunt around for other experts who may be willing, as witnesses for the defense, to offer the opinion that the accused is criminally insane.’ ””

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

2. ““We agree with those states which hold that the dual services provided by the public defender are not severable. The language of Art. 27A § 2, defining indigent as a person unable ‘to provide for the full payment of a attorney and all other necessary expenses of legal representation,’ is a unified enactment and does not contemplate that a defendant could be indigent for purposes of ‘all other necessary expenses’ and yet able to retain private counsel. We adopt Kentucky’s position that, ‘[ujnder this definition and the general tenor of the entire Act, inability to obtain counsel and inability to obtain necessary services go hand in hand.’ Thus, any funding for the necessary services associated with representation are conditioned upon representation by the Public Defender.””

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

3. ““[Petitioner] paid to be represented by private counsel and did not seek representation through the public defender. Therefore, [petitioner] is not indigent and is foreclosed from requesting public funding for a DNA expert, either through the Public Defender’s Office or the lower court. That is not to say that a defendant who proceeds with private counsel cannot later become indigent, apply for representation with the Public Defender, and avail himself or herself of the benefits of other necessary services such as an expert witness. We hold only that a defendant who pays for and retains private counsel throughout the adjudicatory process cannot be deemed indigent for purposes of obtaining a publically funded expert witness.””

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