190 Md. App. 65 - Cave v. Elliott’s Empirical Analysis

Citation profile

11 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Rule 1-323 is derived ultimately from Rule 1(a)(2), Part Two, V, of the General Rules of Practice and Procedure, adopted by the Court of Appeals and approved by the General Assembly pursuant to 1939 Md. Laws, ch. 719, § 35A. Rule 1(a)(2) provided, in relevant part, that a paper “shall not be received and filed by the clerk of the court unless accompanied by an admission or proof of service of a copy thereof upon the opposite party or his attorney of record in accordance with this rule.” [ ] Other parts of the Rule prescribed how service was to be made. That Rule was carried over into the Maryland Rules of Procedure as Rule 306 a.2., which stated that “[t]he clerk shall not accept or file any paper requiring service other than an original pleading unless it is accompanied by an admission or proof of service of a copy thereof upon the opposite party, or his attorney of record.” [ ] Until the 1984 revision of the Maryland Rules, the Rule remained in that form----Another section of Rule 306, § d, dealing with the effect of a certificate of service, provided that the certificate “showing the date thereof and the man ner of making the same in accordance with this Rule, shall be prima facie proof of such service.” In adopting current Rule 1-323, the Court combined those two sections into one. The result is the current language obliging the clerk to reject a paper unless it is accompanied by a certificate “showing the date and manner of making service.” This is followed by the statem”

   1 later decision quote this exact passage
   e.g. 200 Md. App. 433 - LOVERO v. Da Silva

2. “To have ordered a hearing before a hearing board without reinstating Elliott as a Deputy Sheriff would have been a meaningless act, because the hearing was required by [LEOBR §] 3-105 to have been held before his termination. To have ordered such hearing with reinstatement, but without back pay and benefits, also would not have granted or vindicated Elliott’s right, because he was entitled to a hearing before any loss of salary or benefits. Stated otherwise, the only way for Elliott to have been granted the right that he was denied was to place him, in the same position as he would have been prior to his termination, namely, a Deputy Sheriff having received full pay and benefits. Therefore, we hold that [LEOBR §] 3-105 authorizes the circuit court to order reinstatement with all back pay and benefits where a law enforcement officer is denied the right under [LEOBR §] 3 — 107(a)(1) to a hearing before a hearing board prior to the taking of disciplinary action by the law enforcement agency.”

   1 later decision quote this exact passage
   e.g. 222 Md. App. 542 - Kearney v. France

3. “The Cave Court found that the officer had the right under ... of the LEOBR to a hearing before a hearing board prior to the Sheriffs Office taking any disciplinary action resulting from an investigation or interrogation. To afford [the officer] the right he was denied, the court reinstated him to his former position as a Deputy Sheriff, including the payment of all back pay and benefits. To do anything less, in our view, would not have granted or 'vindicated the right that [the officer] was denied.”

   1 later decision quote this exact passage
   e.g. 222 Md. App. 542 - Kearney v. France