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← 184 Md. App. 499 - Byers v. State

184 Md. App. 499 - Byers v. State’s Empirical Analysis

2009

Citation profile

6
cited by 6 later decisions
1
states following
May 2016
most recently cited

6 state decisions

Relationships

Relies on Treece v. State · Anderson v. Department of Health & Mental Hygiene · 134 Md. App. 663 - Starke v. Starke · Pouncey v. State · 137 Md. App. 277 - Pollard's Towing, Inc. v. Berman's Body Frame & Mechanical, Inc.

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

  1. “(1) To apply for release under this subsection, the committed person shall file an application for release with the Health Department and notify the court and State's Attorney, in writing, of this request. (2) The provisions of this title governing administrative hearing and judicial determination of eligibility for release apply to any application for release under this subsection.”
    2 later decisions quote this exact passage
  2. “(a) In general. Within 10 days after the hearing ends, the Office shall prepare a report of recommendations to the court that contains: (1) a summary of the evidence presented at the hearing; (2) recommendations of the Office as to whether the committed person proved, by a preponderance of the evidence, eligibility for conditional release or eligibility for discharge; and (3) if the Office determines that the committed person proved eligibility for conditional release, the recommended conditions of the release in accordance with subsection (b) of this section. (b) Consideration of conditions for release. In recommending the conditions of a conditional release, the Office shall give consideration to any specific conditions recommended by the facility of the Health Department that has charge of the committed person, the committed person, or counsel for the committed person. (c) Copies of report. The Office shall send copies of the report of recommendations: (1) to the committed person; (2) to counsel for the committed person; (3) to the State’s Attorney; (4) to the court; and (5) to the facility of the Health Department that has charge of the committed person. (d) Exceptions. The committed person, the State’s Attorney, or the Health Department may file exceptions to the report of the Office within 10 days after receiving the report.”
    1 later decision quote this exact passage
  3. “(a) In general. Within 30 days after the court receives the report of recommendations from the Office: (1) the court on its own initiative may hold a hearing; or (2) if timely exceptions are filed, or if the court requires more information, the court shall hold a hearing unless the committed person and the State’s Attorney waive the hearing. (b) Conduct of hearing. (1) The court shall hold the hearing on the record that was made before the Office. (2) At the judicial hearing, the committed person is entitled to be present and to be represented by counsel. (3) The court may continue its hearing and remand for the Office to take additional evidence.”
    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.