169 Md. App. 527 - Wisneski v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In order to convict the defendant of indecent exposure you must find beyond a reasonable doubt that the defendant intentionally exposed his penis or other body part that should not be exhibited in a public place. Indecent exposure, to amount to a crime, must have been done intentionally. Intent may be inferred from the conduct of the accused and the circumstances and the environment of the occurrence. An exposure becomes indecent ... when [a] defendant exposes himself at such a time and place that, as a reasonable man, he knows or should know his act will be open to the observation of others. An exposure is public or in a public place if it occurs under such circumstances that it could be seen by a number of persons if they were present and happen to look. It is immaterial that the exposure is seen by ■ only one person if it occurs at a place open or exposed to the view of the public and where anyone who happened to have been nearby could. have seen had he looked.”

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

2. “The critical issue in determining whether a court abused its discretion in reopening the case is whether its doing so impaired the ability of the defendant to answer and otherwise receive a fair trial. Usually, whether the reopening of evidence impaired the defendant’s ability to receive a fair trial is answered by reference to the State’s intention in withholding the evidence, i.e., whether it did so in order to gain an unfair advantage from the impact later use of the evidence likely would have on the trier of facts, the nature of the evidence, and its relationship to evidence already in the case.”

   1 later decision quote this exact passage
   e.g. 225 Md. App. 516 - Smith v. State

3. “We do not construe the definition of “public place” so narrowly as to apply solely to places that are physically located outdoors or open to the public at large, without any restriction. Looking again to the dictionary definitions cited earlier, appellant’s unsolicited conduct was public in the sense that it occurred in the open and was observed by others.”

   1 later decision quote this exact passage
   e.g. 196 Md. App. 590 - GENIES v. State