Simms v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In connection with the ruling on the admissibility of the recorded telephone conversations, the [trial] court also discussed the defense’s alibi notice. The prosecutor advised the court that the defense had disclosed a list of “about 10” alibi witnesses, and that, in one of the recorded telephone conversations, [Sims] referred to about twenty people who saw him at a party. Referring to the alibi notice, the [trial] court asked: “Are you going to put that into evidence?” The court then said: “[I]f the alibi statement sounds to be probative, [defense counsel is] the agent of the defendant, so it’s admissible against him....” The [trial] court also said to the prosecutor: “[Y]ou should put the filing into evidence so that you can argue it to the jury.” The following ensued: [DEFENSE COUNSEL]: Your Honor, I would have an objection to that and ask for an opportunity to be heard— THE COURT: You’ll be heard. [DEFENSE COUNSEL]:—on that collateral issue. THE COURT: All right. But if—-well, why don’t you tell me now. Why shouldn’t your alibi statement—you’re the agent of the defendant, why wouldn’t that come in? [DEFENSE COUNSEL]: Your Honor, the Defense has no burden to put any defense on. And the State bringing up the Defense’s attorney filing a notice of alibi witnesses, shifts the burden that my client then has to rebut. THE COURT: Let me put on my Defense attorney hat for a minute. ... [The defense attorney is] not bound to put on an alibi defense. ... She [i.e., the defense] just”

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

2. “An alibi is [a] defense that places the defendant at the relevant time of [the] crime in a different place than the scene involved .... The presence of the defendant at the scene of the crime at the time it was committed is obviously an essential element of the prosecutor's case[.] When a defendant raises an alibi defense, he is in effect denying the claim of the prosecution that he was present at the scene of the crime at the time it was committed. By claiming that he was at another place at the time when the alleged crime was committed, the defendant is denying by necessary implication, if not expressly, the allegations set forth in the charge.”

   1 later decision quote this exact passage
   e.g. 236 Md. App. 183 - Syed v. State

3. “[PROSECUTOR]: During the investigation and approaching the trial date in this case, did there come a time that you received any documentation relating to Notice of an Alibi Witness on behalf of the defendant? [DETECTIVE DIAZ]: Yes ma’am. [PROSECUTOR]: When you received the document that I’m showing you, State’s 30, does that document—what it that—what is the name on State’s 30 that was disclosed on behalf of the defendant as an alibi witness? [DEFENSE COUNSEL]: Objection, Your Honor. THE COURT: Basis.”

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