20 Md. App. 318 - Wilson v. State’s Empirical Analysis
1974
Citation profile
18
cited by 18 later decisions
2
states following
May 1986
most recently cited
18 state decisions
Relationships
Relies on Chapman v. State of California · California v. Green · United States v. Socony-Vacuum Oil Co. · Fahy v. Connecticut · Difronzo v. United States
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““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
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.