230 Md. App. 411 - Scott v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[PROSECUTOR]: Your Honor, just before you hear from [Scott], Counts 5 [ (use of a handgun in the commission of a crime of violence) ] and 7 [ (conspiracy to commit robbery with a dangerous weapon) ] can’t—those aren’t here for re-sentencing, so those cannot be changed. I think that the only thing that you can sentence on is the [twenty-five] mandatory without parole[, which was for Count 1 (attempted robbery with a dangerous weapon) ]. The reason I brought the Count 5 up was because that was, in fact, consecutive. We’re not here to change that sentence. I just wanted to make sure that was on the record because those two counts—those two sentences that the Court issued remain the same, so the only thing that we’re here for is the Count 1. [SCOTT’S COUNSEL]: The Court is here sentencing—the Court can make Count 1 consecutive [to] or concurrent [with] the already existing sentences. [PROSECUTOR]: But those sentences, Count 5 actually says— THE COURT: The problem is, is that I didn’t make Count 1 consecutive to the other sentences. I made the gun charge [Count 5] consecutive. And so if I did have the discretion to make this concurrent, that would change, in effect, the sentence on the other counts, which are not before the Court. [SCOTT’S COUNSEL]: At the moment they’re consecutive to a sentence that doesn’t exist. So the Court does have the power to make Count 1, which you’re sentencing on, concurrent [with] all other sentences which already exist in this case, and that’s what w”

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

2. “1. Where the State fails to prove the existence of a prior conviction for purposes of imposing a mandatory sentence pursuant to [CR] § 14-101, is the State barred from at tempting to prove the prior conviction on remand for resen-tencing under the Double Jeopardy Clause of the Fifth Amendment and/or the Maryland common law prohibition against double jeopardy? 2. If the answer to Question 1 is yes, did the Court of Special Appeals err in holding that the State was not barred from attempting to prove the existence of a prior conviction of [Scott] on remand for resentencing? 3. Where [Scott] was originally sentenced to a mandatory term of twenty-five years without parole on Count 1 [ (attempted robbery with a dangerous weapon) ], to ten years with all but five years suspended on Count 5 [ (use of a handgun in the commission of a crime of violence) ], consecutive to Count 1, and to ten years with all but five years suspended on Count 7 [ (conspiracy to commit robbery with a dangerous weapon) ], consecutive to Count 5, and the Court of Special Appeals vacated Count 1 and remanded for resentencing, did the [circuit] court err at resentencing in concluding that it did not have discretion to make the sentence on Count 1 run concurrent with the sentences on Count 5 and Count 7 (without changing the consecutive nature of Counts 5 and 7 to each other)? 4. Did the Court of Special Appeals err in holding that the issue in Question 3 was not preserved?”

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

3. “when a mandatory enhanced sentence for a third crime of violence is vacated on appeal because the evidence was legally insufficient to support a finding that one of the prior convictions was for a crime of violence, double jeopardy [does not] bar[ ] the State from introducing new evidence at resentencing on remand to show that the same prior conviction was for a crime of violence.”

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