165 Md. App. 189 - Martin v. State’s Empirical Analysis

Citation profile

37 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “No party may assign as error the giving or the failure to give an instruction unless the party objects on the record promptly after the court instructs the jury, stating dis tinctly the matter to which the party objects and the grounds of the objection. Upon request of any party, the court shall receive objections out of the hearing of the jury. An appellate court, on its own initiative or on the suggestion of a party, may however take cognizance of any plain error in the instructions, material to the rights of the defendant, despite a failure to object.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 223 Md. App. 128 - Johnson v. State

2. “permitted the jury to convict [appellant] of resisting arrest without finding that he exerted any force when the police entered the apartment and tasered him. The omission permitted the jury to convict [appellant] of resisting arrest simply by finding that he did not submit to the police efforts to restrain him. The instruction thus was quite material to [appellant’s] right to a fair and impartial trial and should be addressed on appeal as plain error.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 208 Md. App. 309 - Olson v. State