196 Md. App. 212 - Carpenter v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The prosecutor did not attempt to use [the detective’s] testimony to show that a known declarant believed that Carpenter made the calls to the cell phone, had reason to accurately hold that belief, or was impliedly asserting that factual proposition. The probative value of the evidence that Carpenter’s home phone number, Skinner’s name, and Chase’s phone number were stored in Carpenter’s cell phone did not depend upon the belief of the person who called, or upon the accuracy of that person’s belief. In fact, like in Fields, “there was no evidence about that person’s belief, because the person was not identified.” Id. at 37 [ 895 A.2d 339 ], Because the prosecutor argued only that the cell phone belonged to Carpenter and that calls were made to the cell phone from phones belonging to Carpenter, Skinner, and Chase, the calls missed and received by the cell phone were not assertions, statements as defined by Rule 5-801(a), or hearsay as defined by Rule 5-801(c). Hence, the court did not err in admitting Detective Orellano’s testimony regarding the calls.”

   1 later decision quote this exact passage
   e.g. 198 Md. App. 1 - Fair v. State