Carroll v. State’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Pursuant to Md. Rule 4-252(a), a claim regarding “[a]n unlawfully obtained admission, statement, or confession,” “shall be raised by motion” prior to trial, and if not so raised, it is waived, absent a showing of good cause. This Court has explained that a failure to raise a suppression issue below constitutes a waiver in several contexts: (1) if the defendant fails to comply with the time requirements for filing a motion under the rule; (2) if the defendant files a notice but fails to pursue it; and (3) if there is a hearing on the motion, but the defendant fails to present any grounds to support the motion. Jackson v. State, 52 Md.App. 327, 331-32 , 449 A.2d 438 , cert. denied, 294 Md. 652 (1982). Accord Perry v. State, 344 Md. 204, 227 , 686 A.2d 274 (1996) (defendant waived suppression issue by failing to raise it prior to trial), cert. denied, 520 U.S. 1146 , 117 S.Ct. 1318 , 137 L.Ed.2d 480 (1997). Neither party cites a case addressing whether plain error review applies in the context of the failure to raise a suppression issue subject to the rule. In Kohr v. State, 40 Md.App. 92, 98 , 388 A.2d 1242 , cert. denied, 283 Md. 735 (1978), this Court stated that the Court of Appeals decided, “as a matter of judicial policy,” to make Rule 736, the predecessor to Rule 4-252, parallel to Rule 12 of the Federal Rules of Criminal Procedure (“Fed. R.Crim. P.”). We stated: “Both rules are identical in that they require that motions to suppress be filed pre-trial and both consider a”

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

2. “"(a) Mandatory motions. In the circuit court, the following matters shall be raised by motion in conformity with this Rule and if not so raised are waived unless the court, for good cause shown, orders otherwise: (1) A defect in the institution of the prosecution; (2) A defect in the charging document other than its failure to show jurisdiction in the court or its failure to charge an offense; (3) An unlawful search, seizure, interception of wire or oral communication, or pretrial identification; (4) An unlawfully obtained admission, statement, or confession; and (5) A request for joint or separate trial of defendants or offenses, (b) Time for filing mandatory motions. A motion under section (a) of this Rule shall be filed within 30 days after the earlier of the appearance of counsel or the first appearance of the defendant before the court pursuant to Rule 4-213(c), except when discovery discloses the basis for a motion, the motion may be filed within five days after the discovery is furnished.””

   1 later decision quote this exact passage
   e.g. 218 Md. App. 130 - Savoy v. State

3. “[A] conspiracy is an agreement between two or more persons to commit a crime. And a conspiracy is in itself a separate crime. It exists when two or more persons enter into an agreement to accomplish a criminal or unlawful purpose. In order for a person to be guilty of this offense the State must prove beyond a reasonable doubt that the Defendant or one or more other persons entered into an agreement, that the object of the agreement was criminal or unlawful, and that there was a joint intent to enter this agreement.”

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