17 Md. App. 217 - Smith v. State’s Empirical Analysis

Citation profile

6 federal appellate · 2 district · 21 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[w]e do not construe State v. Zimmerman as indicating that an accused must “elect” a jury trial or that his right to a jury trial is lost by the mere election of a court trial. An accused comes to trial cloaked in the Sixth Amendment right to be tried by a jury, and he may lose that right only upon a waiver of it in the constitutional sense. We are aware that Maryland Rule 741, as rewritten effective 1 September 1971, now speaks in terms of an ‘election’ between a court trial and jury trial rather than a ‘waiver’ of a jury trial. The Rule must be considered in the light of the Supreme Court’s construction of the Sixth Amendment jury trial provision. So considered, we think it clear that the ‘election’ applies only when the accused is entitled to a jury trial, and, when he is so entitled, the right is lost only by a constitutionally effective waiver.” (Emphasis in original).”

   1 later decision quote this exact passage · from the majority
   e.g. Bruce v. State