17 Md. App. 426 - Witcher v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The rule in Maryland concerning the misstatements of law or fact in a closing argument is that unless it appears the jury was actually misled or was likely to have been misled or influenced to the prejudice of the accused, a reversal of a judgment of conviction will not be justified. Holbrook v. State, 6 Md. App. 265 , 250 A. 2d 904 . See Reidy v. State, 8 Md. App. 169 , 259 A. 2d 66 . If we assume the argument to have been improper, the trial court’s instructions to the jury concerning statements and arguments of counsel not to be considered evidence, and his direction that they find their facts only from ‘what you have heard from the witness stand and the exhibits which have been received,’ sufficiently eliminated any possibility of prejudice.” 17 Md. App. at 439 , 302 A. 2d at 708 .”

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