Allison v. State’s Empirical Analysis

Citation profile

2 district · 40 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A certificate of honorable discharge from the United States Army or Navy, assuming it to be admissible by exception to the hearsay rule (post, § 1675a), should be liberally construed, i.e., as importing not merely general good character, or the specific traits mentioned, but any other of the fundamental moral traits that may be relevant in criminal cases. The soldier is in an environment where all weaknesses or excesses have an opportunity to betray themselves. He is carefully observed by his superiors, — more carefully than falls to the lot of any member of the ordinary civil community; and all his delinquencies and merits are recorded systematically from time to time on his `service record,' which follows him throughout his army career and serves as the basis for the terms of his final discharge. The certificate of discharge, therefore, is virtually a summary of his entire service conduct, both as a man and as a soldier. When it is `honorable' in its import, it implies a career successfully negativing all of the more common traits involved in criminal charges. In this respect it is therefore more comprehensive than the ordinary community-repute (post, § 1608) to general good character, and is entitled to be used on behalf of an accused on virtually any specific charge of serious crime.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Porter

2. ““Malice is, of course, an essential ingredient of murder, but even an unintentional killing may constitute the crime of manslaughter if it is due to a wanton and reckless disregard of human life. Cf. Hughes v. State, 198 Md. 424, 432 , 84 A. 2d 419, 422 , and Neusbaum v. State, 156 Md. 149, 155 , 143 A. 872 . See also Barbeau v. United States, 9 Cir., 193 F. 2d 945 .””

   1 later decision quote this exact passage · from the majority
   e.g. 4 Md. App. 328 - Morris v. State

3. ““We find no error. Medical textbooks are not admissible as such or in the direct examination of experts.””

   1 later decision quote this exact passage · from the majority
   e.g. 215 F. Supp. 266 - Stottlemire v. Cawood