238 Md. App. 262 - Fielding v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When the law permits but does not mandate additional penalties because of a specified previous conviction, the court shall not sentence the defendant as a subsequent offender unless the State's Attorney serves notice of the alleged prior conviction on the defendant or counsel before the acceptance of a plea of guilty or [ nolo contendere ] or at least 15 days before trial in circuit court or five days before trial in District Court, whichever is earlier. [ 2 ]”

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

2. “If an enhanced penalty statute is of the "permissive-but-not-mandatory" type, then, unless and until the State complies with Rule 4-245(b), a "court shall not sentence" a defendant as a subsequent offender. In other words, until the State complies with Rule 4-245(b), a defendant is ineligible to receive such an enhanced sentence.”

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

3. “the circuit court was prohibited from sentencing [Carter] as a subsequent offender.”

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