208 Md. App. 677 - Simmons v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[DEFENSE COUNSEL]: You will hear that when my client was arrested, he was held for ten hours in a frigid interrogation room. He was given no food. He was allowed to make no phone calls. He had no grandmother or paid lawyers rushing down to help him. He was entirely alone. And a rotation of experienced homicide detectives tried every trick in the book to try to get Stephen Simmons to admit that he had shot Christopher Wright. They even lied to him. They told Stephen Simmons that Christopher Wright had survived and had identified him as the shooter. But even though he was shivering cold, he was exhausted and utterly alone, Stephen Simmons had one thing on his side that protected him. He was actually innocent of the death— [PROSECUTOR]: Objection. [DEFENSE COUNSEL]: — of Christopher Wright. THE COURT: The objection is sustained as to innocence. The State’s burden is to prove guilt beyond a reasonable doubt. That’s a factual issue for you. The assertions by the attorneys are to be ignored in that regard. You may continue, counsel. [DEFENSE COUNSEL]: Thank you, Your Honor. You will hear him protest his innocence through the long hours of questioning, tell the detectives over and over again the one thing that he knew to be true, “I did not shoot that man. I did not shoot that man.” Stephen Simmons offered to take a lie detector test. [PROSECUTOR]: Objection. THE COURT: The objection is sustained. Let me just tell you jurors when all the evidence begins, you’re going to have to cons”

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

2. “An opening statement is a powerful setting when counsel has the opportunity to introduce into the minds of the jury what will and what will not be presented to them in determining the issues in the case. The [cjourt would accept that a lot of flourish is allowed with regard to opening statements and closing arguments, but the [cjourt believes that each counsel is charged with respecting and appreciating certain limits. In this particular instance, we’re dealing with a statement not made by a witness, not unexpectedly presented by a witness, but a statement carefully made as part of a preview of the evidence to the jury. Indeed, considering that the jury has no right to expect that Mr. Simmons would testify, and that even if he were to testify, his testimony would be, “I did not shoot anyone,” the statement, in effect, constituted a substitute for the defendant’s testimony. The [cjourt, especially upon the cross-examination quite skillful of Mr. Sarumi, is satisfied that credibility is central to the prosecution of this case. It’s central to the defense of the case. The [cjourt considers the motion to be timely. The [cjourt believes that the prejudice to the State’s ability to have a fair trial is clear, because in a case so close as this, that relies upon the credibility of witnesses, there is no way to erase the potential infection of the jurors’ minds as to, well, he offered to take a lie detector test. That satisfies it for me. It may not be articulated, but that might be ”

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