174 Md. App. 259 - State v. Rush’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(3)(i) In a case involving a crime of violence as defined in § 14-101 of the Criminal Law Article, and in cases under §§ 5-602 through 5-609 and §§ 5-612 through 5-614 of the Criminal Law Article, the State may appeal from a decision of a trial court that excludes evidence offered by the State or requires the return of property alleged to have been seized in violation of the Constitution of the United States, the Maryland Constitution, or the Maryland Declaration of Rights. (ii) The appeal shall be made before jeopardy attaches to the defendant. However, in all cases the appeal shall be taken no more than 15 days after the decision has been rendered and shall be diligently prosecuted. (iii) Before taking the appeal, the State shall certify to the court that the appeal is not taken for purposes of delay and that the evidence excluded or the property required to be returned is substantial proof of a material fact in the proceeding. The appeal shall be heard and the decision rendered within 120 days of the time that the record on appeal is filed in the appellate court. Otherwise, the decision of the trial court shall be final. (iv) Except in a homicide case, if the State appeals on the basis of this paragraph, and if on final appeal the decision of the trial court is affirmed, the charges against the defendant shall be dismissed in the case from which the appeal was taken. In that case, the State may not prosecute the defendant on those specific charges or on any other related c”

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

2. “[T]he general principle that a reviewing court may uphold the final judgment of a lower court on any ground adequately shown by the record is well-established in Maryland. The legislature created the right of immediate appeal for the State at issue here in order to equalize the opportunities the parties to criminal cases have for meaningful correction of erroneous pretrial evidentiary rulings, made on constitutional grounds---- The legislative goal of equalization is most thoroughly and efficiently accomplished when the general scope of appellate review principle is applied in the State’s immediate appeal as it is in the defendant’s appeal from a final judgement.”

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

3. “I am now going to read to you your rights under the law. If you do not understand something that I say to you, please stop me, and I will explain it to you. 1. You have the right to remain silent. If you choose to give up this right, anything that you say can be used against you in court. 2. You have the right to talk to a lawyer before you are asked any questions and to have a lawyer with you while you are being questioned. 3. If you want a lawyer, but cannot afford one, a lawyer "will be provided to you [@ some time][ 8 ] at no cost. 4. If you want to answer questions now without a lawyer, you still have the right to stop answering questions at any time.”

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