178 Md. App. 257 - Ramirez v. State’s Empirical Analysis
2008
Citation profile
18
cited by 18 later decisions
1
states following
July 2019
most recently cited
18 state decisions
Relationships
Relies on United States v. Olano · Smith v. Phillips · State v. Murphy · United States v. Sisson · State v. Childs
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The Motion in Arrest of Judgment has long been recognized in federal criminal practice and is provided for by Criminal Rule of Procedure 34." In United States v. Sisson, 399 U.S. 267, 280-83 , 90 S.Ct. 2117 , 26 L.Ed.2d 608 (1970), the Supreme Court described how the motion is concerned only with matters `on the face of the record' (the pleadings, the form of the verdict) and not with the evidence or the trial proceedings: An arrest of judgment was the technical term describing the fact of a trial judge refusing to enter judgment on the verdict because of an error appearing on the face of the record that rendered the judgment invalid.... For the purpose of this case the critical requirement is that a judgment can be arrested only on the basis of error appearing on the `face of the record, and not on the basis of proof offered at trial ....' This venerable requirement of the common law has been preserved under the Federal Rules of Criminal Procedure, for the courts have uniformly held that in granting a motion in arrest of judgment under Rule 34, a [federal] district court must not look beyond the face of the record.... Therefore, ... a decision based on evidence adduced at trial cannot be one arresting judgment."”
2 later decisions quote this exact passage“(a) Within ten days of verdict. On motion of the defendant filed within ten days after a verdict, the court, in the interest of justice, may order a new trial. (b) Revisory power. The court has revisory power and control over the judgment to set aside an unjust or improper verdict and grant a new trial: (2) in the circuit courts, on motion filed within 90 days after its imposition of sentence.... (c) Newly discovered evidence. The court may grant a new trial or other appropriate relief on the ground of newly discovered evidence which could not have been discovered by due diligence in time to move for a new trial pursuant to section (a) of this Rule: (1) on motion filed within one year after the date the court imposed sentence or the date it received a mandate issued by the Court of Appeals or the Court of Special Appeals, whichever is later....”
1 later decision quote this exact passage“The Motion in Arrest of Judgment has long been recognized in federal criminal practice and is provided for by Criminal Rule of Procedure 34.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.