McCormick v. State’s Empirical Analysis

Citation profile

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

1. ““You have heard evidence that the defendant refused to submit to a test to determine [his] [her] [alcohol level] [the presence of drugs or a controlled dangerous substance]. You must first decide whether the defendant refused to submit to a test. If you find that the defendant refused to submit to a test, you must then decide whether this refusal is evidence of guilt. Refusal to submit to a test may be based on reasons that are consistent with innocence or other reasons that are consistent with guilt. In order to decide whether the defendant refused to submit to a test and what, if any, weight to give the refusal, you should consider all of the evidence in the case.””

   1 later decision quote this exact passage
   e.g. 223 Md. App. 289 - Harding v. State

2. ““In 2001, the General Assembly permitted juries to decide what weight, if any, to give the defendant’s refusal to take a chemical test in determining guilt or innocence.... Today, trial courts instruct jurors in drunk driving cases that they are permitted, if they so choose, to weigh the defendant’s refusal to take a chemical test when determining guilt or innocence.’’”

   1 later decision quote this exact passage
   e.g. 223 Md. App. 289 - Harding v. State