Wolfe 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. “[W]e are convinced that the error — which we think was material to the rights of the defendant — was such as the court could not have corrected even if it had attempted to do so. Under such circumstances we think we must of our own motion take cognizance of and correct the plain error by awarding the defendant a new trial even though such error may not have been properly includible in the assignment of errors in this case. Maryland Rule 739 g. [ Id. at 455 .]”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Hutchinson · Dimery v. State

2. “Even though a question as to the failure of the trial court to advise the jury with respect to not returning a verdict on the indictment in the event of a finding of insane now was not included in the assignment of errors, we think we must, under the unusual circumstances of this case, take cognizance of the plain error sua sponte. " (It will be noted the question in this case did not involve allegedly improper remarks of a trial judge.) We have set forth the holdings in the above cases and Rule 522 a and b in order that we may consider our present question in proper perspective. We think the decisions before the adoption of Rule 522 clearly point out that, prior thereto (when formal bills of exceptions were required in order to obtain appellate review), the general rule was that the proper mode of preserving for appellate review challenged remarks made by a trial judge was by a motion for a mistrial or a motion to strike out the remarks and to warn the jury to disregard them; and, upon denial of such motion, or motions, to take exceptions to the court's rulings. To this general rule there was an exception, namely, when the record clearly showed that the accused had not had a fair and impartial trial, and thereby was denied due process of law. Although specifically noting this exception, the decisions (prior to the adoption of Rule 522) did not spell out the "available methods”

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

3. ““ ‘[T]he State has produced all the evidence it intends to produce against you. Normally, you would ask me to tell the jury there is no evidence in the case legally sufficient to convict you under the various counts of this indictment. I will treat such a motion as having been made by you and I will deny or overrule the motion.’ “ ‘[I]t is now up to you to decide whether you want to produce any evidence — including yourself, testimony of yours — for the consideration of the jury. * * * [Y]ou don’t have to testify if you don’t want to. If you don’t testify I would think that the case which the State has made out — through the witnesses that have testified — would be pretty strong and substantial against you, and in support of this indictment.’ ” Id. at 452 .”

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