216 Md. App. 1 - Smiley 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. “(a) In general. — During the trial of a criminal case in which the defendant is charged with a felonious violation of Title 5 of the Criminal Law Article or with the commission of a crime of violence as defined in § 14-101 of the Criminal Law Article, a statement as defined in Maryland Rule 5-801(a) is not excluded by the hearsay rule if the statement is offered against a party that has engaged in, directed, or conspired to commit wrongdoing that was intended to and did procure the unavailability of the declarant of the statement, as defined in Maryland Rule 5-804. (b) Hearing. — Subject to subsection (c) of this section, before admitting a statement under this section, the court shall hold a hearing outside the presence of the jury at which: (1) The Maryland Rules of Evidence are strictly applied; and (2) The court finds by clear and convincing evidence that the party against whom the statement is offered engaged in, directed, or conspired to commit the wrongdoing that procured the unavailability of the declarant. (c) Exceptions — A statement may not be admitted under this section unless: (1) The statement was: (i) Given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding or in a deposition; (ii) Reduced to writing and signed by the declarant; or (iii) Recorded in substantially verbatim fashion by stenographic or electronic means contemporaneously with the making of the statement; and (2) As soon as is practicable after the proponent of the ”

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

2. “They depict six African-American males, all roughly of the same age, all with close-cropped hair, no corn rows, no dreadlocks, no Afros, all close-cropped hair. Five of the six have receding hairlines. All six have facial hair of the same style.... They all have the same expression on their faces, too, people who aren’t happy having their picture taken, they look rather glum. Nobody is smiling. In other words, picture number five, who apparently is the individual identified, does not wear a different facial expression than the other five photographs.”

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

3. “(b) Hearsay Exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as a witness: (5) Witness unavailable because of party's wrongdoing. (B) Criminal causes. In criminal causes in which a witness is unavailable because of a party’s wrongdoing, admission of the witness’s statement under this exception is governed by Code, Courts Article, § 10-901.”

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