190 Md. App. 577 - Walker v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Pursuant to Maryland law, two options are available to defendants in criminal cases who are financially unable to retain their own counsel. Davis v. State, 100 Md.App. 369, 380 , 641 A.2d 941 (1994). The defendant may seek representation from the Public Defender’s Office. Section 16-210(a) of the Criminal Procedure Article (“C.P.”) of the Maryland Code (2001, 2008 Repl.Vol.) provides that “[a]n individual may apply for services of the Office as an indigent individual, if the individual states in writing under oath or affirmation that the individual, without undue financial hardship, cannot provide the full payment of an attorney[.]” Eligibility for Office of the Public Defender’s services shall be determined by the need of the applicant, which “shall be measured according to the financial ability of the applicant to engage and compensate a competent private attorney and to provide all other necessary expenses of representation.” Section 16-210(b)(l)-(2). The statute lists six factors in determining an applicant’s financial ability: (1) the nature, extent, and liquidity of assets; (2) the disposable net income of the applicant; (3) the nature of the offense; (4) the length and complexity of the proceedings; (5) the effort and skill required to gather pertinent information; and (6) any other foreseeable expense. Section 16—210(b)(3)(i)—(vi). Additionally, defendants may seek representation from a court-appointed attorney. C.P. § 16-213 provides that “[t]his subtitle does not pr”

   2 later decisions quote this exact passage
   e.g. State v. Walker · 217 Md. App. 429 - Westray v. State

2. “Viewing the evidence in the light most favorable to the State, it was established that on March 17, 2008, [Walker] repeatedly hit Tahlene Shipley and bit her on the cheek when the two became involved in a disagreement. The disagreement concerned money that [Walker] allegedly owed for construction work performed by Ms. Shipley’s husband. [Walker] was charged that same day with second-degree assault. On May 20, 2008, [Walker] appeared in District Court and prayed a jury trial. Her case was transferred to the Circuit Court and trial was scheduled for June 6, 2008. On that date, [Walker] appeared without counsel. The case was postponed because no jury was available. Trial was rescheduled for July 16. On that date, [Walker] again appeared for trial without counsel and the following colloquy occurred: THE COURT: Ma’am, have you received a copy of the charging document in this case? [WALKER]: Yes. THE COURT: Do you understand you have a right to be represented by an attorney at every stage of these proceedings? [WALKER]: Yes. THE COURT: Do you also understand that you’ve been charged with second-degree assault? That carries a possible penalty of ten years and/or a $ 2500 fine. [WALKER]: Yes. THE COURT: An attorney can be of important help to you in determining whether or not there may be defenses to the charges or circumstances in mitigation thereof, and in preparing for and representing you at the trial of these charges. Even if you wanted to plead guilty, an attorney could be of s”

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

3. “[T]here is no evidence that in adopting Rule 4-202(a)(6)-(7) [“Charging document—Content”], the Court of Appeals was shifting the responsibility from informing a defendant of his constitutionally protected right to counsel from an oral advisement from the trial court to a written advisement stated in the midst of a charging document. Our research of the Rules Committee Meeting minutes regarding the changes to the rules in 1984 reveals that there was no discussion regarding the intent or effect of the change wrought by placing in the rules the requirement that an accused be advised of his right to court-appointed counsel in the charging documents. Second, Davis [v. State, 100 Md. App. 369 , 641 A.2d 941 (1994) ], which affirmed the holding of Baldwin [v. State, 51 Md.App. 538 , 444 A.2d 1058 (1982) ], was decided in 1994, ten years after the 1984 rule change. Interestingly, the State does not address this point. Third, we note that the Court of Appeals has adopted a low tolerance for any erosion of a defendant’s constitutionally protected right to counsel. It is hard to imagine, in light of the above, that the Court of Appeals would shift notice of the right to court-appointed counsel from a finding by the trial court to a written provision stated in the midst of a charging document. Although appellant was informed of her right to have court-appointed counsel in her charging documents when she first appeared in District Court, we do not think that suffices to ensure a defendan”

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