172 Md. App. 558 - State v. Garnett’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The law of the case doctrine differs from res judicata in that it applies to court decisions [that are] made in the same, rather than a subsequent, case.... [B]ecause motions to correct an illegal sentence occur as part of the same criminal proceeding[,] and not a wholly independent action, ... res judicata might apply if such a motion was considered to be a wholly independent action.... [H]owever, [ ] this is unlikely to occur because, although Maryland Rule 4-345(a) provides that "[t]he court may correct an illegal sentence at any time," [ Maryland Rule 4-345(a) ] creates a limited exception to the general rule of finality by sanctioning a method of opening a judgment [that is] otherwise final and beyond the reach of the court. [Maryland] Rule 4-345(a) is a limited exception because it applies only to motions that occur as part of the same criminal proceeding.”

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

2. “[Maryland] Rule 4-345(a) permits a defendant to assert an "illegal sentence" argument that was not previously addressed by an appellate court. Obviously, the law of the case doctrine would prevent relitigation of an "illegal sentence" argument that has been presented to[,] and rejected by[,] an appellate court.... On the other hand, [Maryland] Rule 4-345(a) would be meaningless if the law of the case doctrine were extended to sentences that could have been-but were not-challenged as illegal [when a defendant] filed his or her first appellate brief in this Court.”

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

3. “Rule 4-345(a) would be rendered meaningless if the law of the case doctrine were extended [to preclude challenges] to sentences that could have been-but were not-challenged as illegal”

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