McChan v. State’s Empirical Analysis

Citation profile

3 district · 80 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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““An arrest has been defined as ‘the detention of a known or suspected offender for the purpose of prosecuting him for a crime.’ Cornish v. State, 215 Md. 64, 67 , 137 A. 2d 170, 172 (1957). As that case points out there is a detention only when there is a touching by the arrestor 07' when the arrestee is told that he is under arrest and submits. Where there is no touching, the intention of the arrestor and the understanding of the arrestee are determinative, for in order for there to be an arrest in such case, there must always be an intent on the part of one to arrest the other and an intent on the part of such other to submit.” (emphasis added).”

   5 later decisions quote this exact passage · from the majority
   e.g. Foreman v. Warden · 113 Md. App. 347 - Evans v. State

2. ““In Fahy v. Connecticut, 375 U. S. 85 (1963), where illegally obtained evidence was held to be prejudicial, the Supreme Court found that the accused should have had an opportunity to show that his admissions were induced by being confronted with illegally obtained evidence. Pahy, does not, however, compel the exclusion of a confession unless it appears that the accused was shown illegally seized evidence and that such confrontation did in fact induce the confession. Voluntariness, therefore, is still the crucial test for determining the admissibility of a confession.””

   1 later decision quote this exact passage · from the majority
   e.g. 4 Md. App. 312 - Butina v. State

3. ““We think this was no more than an accosting and that the appellant was not placed under arrest until he was taken to the hospital and placed under police guard. At no time was there a touching and he was never told that he was under arrest. While he may have thought that he was under arrest when he was stopped and returned to the scene at the suggestion of the officer, he was not actually arrested until he was taken to the hospital to be treated for his injuries. See Cornish v. State, supra.” 207 A.2d at 640 .”

   1 later decision quote this exact passage · from the majority
   e.g. Foreman v. Warden