191 Md. App. 533 - Keyes v. Lerman’s Empirical Analysis
2010
Citation profile
7
cited by 7 later decisions
1
states following
February 2021
most recently cited
7 state decisions
Relationships
Relies on Stevenson v. State · Patterson v. State · Mitchell v. State · 43 Md. App. 109 - Bing Fa Yuen v. State · Bereano v. State Ethics Commission
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The destruction of or the failure to preserve evidence by a party may give rise to an inference unfavorable to that party. If you find that the intent was to conceal the evidence, the destruction or failure to preserve must be inferred to indicate that the party believes that his or her case is weak and that he or she would not prevail if the evidence was preserved. If you find that the destruction or failure to preserve the evidence was negligent, you may, but are not required to, infer that the evidence, if preserved, would have been unfavorable to that party.”
1 later decision quote this exact passage“When evidence is missing, apparently due to the act or omission of one of the parties, an inference that the evi dence would have been unfavorable to that party may be appropriate. That is all that is required.... We now further refine the issue in the case sub judice by holding that, regardless of the evidence, a missing evidence instruction generally need not be given; the failure to give such an instruction is neither error nor an abuse of discretion.”
1 later decision quote this exact passage“Whether, in given circumstances, an unfavorable inference may be drawn from missing evidence or witnesses is a matter' of fact, not law, and the court is under no obligation to give an instruction on the matter. It may do so, and in certain circumstances perhaps it should do so, but, as clearly stated in Patterson, failure to do so is not error or an abuse of discretion.”
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.