22 Md. App. 173 - Marsh v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ... [W]e are of the opinion that the legislature in using the term ‘personal examination and study’ must have intended that the examiner, be he a medical physician, a psychiatrist or psychologist, would use such methods and tests to ascertain the physical, psychiatric and psychological characteristics and deficiencies of the patient as were necessary to enable the examiner to reach a valid opinion. Conceivably, this would not always require the patient to talk to the examiner although it would seem that usually it would, as the record indicates was true in the case before us. Significantly, the requirement is not only that the examination be ‘personal’ but that it also be the ‘[examiner’s] own.’ This, we think, unequivocally implies that the examiners were to apply their expert knowledge in reaching a determination as to the defective delinquency of the patient... . Certainly the statute does not imply, as the judge indicated, that the staff could have based its conclusion as to the presence or absence of defective delinquency on the prior record of the patient. ...””

   1 later decision quote this exact passage · from the majority
   e.g. 22 Md. App. 249 - State v. Weeder

2. ““If the institution for defective delinquents in its report on any person shall state that he is a defective delinquent, the court shall forthwith summon the person before it and advise him of the substance of the report and of the pendency of the hearing hereinafter provided; the court shall further advise him of his right to be represented at said hearing by counsel of his choice, or if he has no choice, by competent counsel appointed by the court.””

   1 later decision quote this exact passage · from the majority
   e.g. 32 Md. App. 66 - Moss v. Director, Patuxent Institution

3. ““ ... If the Patuxent staff members were prepared to conclude on the basis of petitioner’s silence and their observations over the years, that the petitioner is a defective delinquent, then it is not true that he has prevented them from evaluating him. On that theory, they could have long been ready to make their report to the court, and the hearing on defective delinquency could have gone forward.” (Emphasis supplied).”

   1 later decision quote this exact passage · from the majority
   e.g. 22 Md. App. 249 - State v. Weeder