2 Md. App. 364 - Hubbard v. State’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Putting the best face on the State’s use of Craig1 s affidavit, as well as, we think, of Tuck’s, it appears that we are confronted with a situation considerably more closely akin to that of a party using a prior statement to refresh a witness’ present recollection. In Underhill, Criminal Evidence § 499 (5th ed. 1956), it is said: ‘It sometimes happens that state witnesses, who have given written statements, become unwilling, forgetful, or evasive when called upon to testify. In such case the prosecuting attorney, sometimes claiming surprise, may call the witness’ attention to the prior statement, not so much for the purposes of impeachment but to refresh the witness’ recollection.’ Similarly, Wharton, Criminal Evidence § 849 (12th ed. 1955), states: ‘The court may, in its discretion, permit a party to put questions to his witness on direct examination to refresh his recollection, by directing his attention to a particular matter or asking questions relating to prior statements or prior testimony, or by reading to him his prior testimony or portions therefrom, especially when it appears that the witness is unfriendly toward the party calling him, or is trying to evade the questions put to him.’ Although here the State was engaged not in direct examination but in cross-examination of Tuck and Craig, cross-examination to refresh a witness’ recollection on the basis of prior statements may be permitted. Its propriety lies largely within the sound discretion of the trial judge. 3”

   1 later decision quote this exact passage · from the majority
   e.g. 34 Md. App. 286 - Ringgold v. State

2. “[L]eading questions are permissible to arrive at facts when modesty or delicacy prevents full answers to general interrogations ..., [i.e.,] ... inquiry into delicate subjects of a sexual nature, constitute an exception to the general rule against leading questions. In such cases, the permitting of leading questions of the prosecutrix, particularly if she is of tender years, is a matter of sound discretion of the trial court.”

   1 later decision quote this exact passage · from the majority
   e.g. 69 Md. App. 681 - Nash v. State