McGhie v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There are no colleges or universities that offer a degree in the field specifically of ballistics or firearms identification, so all knowledge of the field is done by way of on-the-job training. I spent a tenure of five years on-the-job training with the FBI and also with the Baltimore City Firearms Laboratory before becoming court-qualified. Before this training, we must fit the qualifications as far as educational background to get into the field. The State Police and also the Baltimore City Crime Lab and the FBI require a science-related degree in a field relative — in an area relative to your field. I hope [sic] a degree in engineering from the University of Maryland here in the State of Maryland and also an engineering degree from the Rochester Institute of Technology in the state of New York. I am a graduate of the FBI Academy in the fields of ballistics. I am on the board of directors for the Association of Firearm and Tool Mark Examiners, which is the governing agency of firearms experts here in the United States and many countries abroad.”

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

2. “There is no evidence that was presented to this court to demonstrate that Kopera was exaggerating his qualifications prior to Petitioner’s trial in 1994. Apparently, no red flags had been raised from Kopera’s testimony in other cases that would require a competent defense attorney to question Kopera’s pedigree, collegiate record, or the like. ... To hold defense counsel to the requirement of a background check of an expert who had testified in scores of cases is unrealistic. Indeed, the State — which should bear some responsibility for its own expert’s mendacity — was likewise in the dark about the situation. Why should a greater burden devolve upon the defense?”

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

3. “(a) A person charged by indictment or criminal information with a crime triable in circuit court and convicted of that crime may, at any time, file a petition for writ of actual innocence in the circuit court for the county in which the conviction was imposed if the person claims that there is newly discovered evidence that: (1) creates a substantial or significant possibility that the result may have been different, as that standard has been judicially determined; and (2) could not have been discovered in time to move for a new trial under Maryland Rule 4-331.[ 5 ] (g) A petitioner in a proceeding under this section has the burden of proof.”

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