155 Md. App. 1 - Perez v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “where the interrogation was conducted; its length; who was present; how it was conducted; whether the defendant was given Miranda warnings; the mental and physical condition of the defendant; the age, background, experience, education, character, and intelligence of the defendant; when the defendant was taken before a court commissioner following arrest; and whether the defendant was physically mistreated, physically intimidated or psychologically pressured.”

   2 later decisions quote this exact passage
   e.g. 156 Md. App. 615 - Faulkner v. State · 168 Md. App. 248 - Perez v. State

2. “Under Md. Rule 5-804(b)(2), if the declarant is unavailable as a witness in a homicide prosecution, the rule against hearsay does not exclude a “statement made by a declarant, while believing that the declarant’s death was imminent, concerning the cause or circumstances of what the declarant believed to be his or her impending death.” The statement may be made in response to a question, but must reflect the victim’s personal knowledge. Statements identifying the person who shot the victim fall within this rule. The admissibility of a dying declaration depends on whether, at the time the victim made the statement, he or she believed that death was impending. “The required abandonment of all hope of recovery may be proved by the declarant’s statement or by others’ statements to the declarant, or it may be inferred from the eircumstances[,]” including “the fatal quality of the wound.” It is not “necessary for the victim to state that she expected to die. It is sufficient if her condition is such (and she is aware of it) as to warrant an inference of impending death.” For example, a shooting victim’s request for a priest or for someone to take care of her child may indicate the victim’s belief in her impending death. Alternatively, a statement by another person to the victim, or in the victim’s presence, might establish that the victim heard something that caused her to believe that she was likely to die soon.”

   1 later decision quote this exact passage
   e.g. 217 Md. App. 212 - State v. Hailes

3. “[Williams] was not effectively available for questioning until he arrived at the police station at about 9:25 a.m. on July 30. It was entirely appropriate at that point for the police to engage in preliminary questioning, to get some basic information about their suspect and even about his involvement in the two robberies, so that he could be properly identified and charged. That questioning began within ten minutes and promptly produced oral confessions to the two robberies. It was not then inappropriate for the police to seek a written statement, to confirm the oral admissions, which they also did promptly. The first written statement was begun at 10:35, within ten minutes after the interrogation began, and was completed by 11:13. Only then did Detective Thrift discover the likelihood that petitioner was not who he said he was—Allan Williams—but was, in fact, Reccardo Williams, someone, he learned, who was suspected in three homicides. Especially in light of petitioner’s oral confession to the second robbery, some further questioning was not inappropriate. The second statement was begun at 11:40 and was completed by 12:42.”

   1 later decision quote this exact passage
   e.g. 156 Md. App. 615 - Faulkner v. State