24 Md. App. 85 - Grady v. State’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Now, there is evidence in this case, or been offered in this case, or introduced, the defendant was not present at the time and the place where the offenses allegedly were committed. This may be referred to as a defense of alibi. The Court tells you that a defense of alibi is a legitimate, legal and proper defense. The defendant may not be convicted of the offense with which he is charged unless the government proves beyond a reasonable doubt that the defendant was present at the time when, and at the place where, the offenses were committed. “If, after a full and fair consideration of all the facts and circumstances in evidence, you find that the government has failed to prove beyond a reasonable doubt that the defendant was present at the time when, and the place where, the offense charged was allegedly committed, you must find the defendant not guilty. “With reference to alibi, a defendant may be entitled to acquittal if you believe the alibi testimony as his not being present at a time and place of the alleged offense, by taking into consideration this testimony with all the other evidence raising a reasonable doubt of guilt, but in order to prove an alibi conclusively, the testimony must cover the whole time in which the crime by any possibility might have been committed, and it should be subjected to rigid scrutiny.” (Emphasis added.)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Grady

2. ““ ... An alibi defense . . . merely requires an accused to go forward with such exculpatory evidence as he may wish to present for the trier of fact to consider in determining whether the State has met its burden [of proving the defendant guilty beyond a reasonable doubt]. The trial judges are cautioned not to instruct that an accused has the ‘burden of proof of establishing alibi because such an instruction is wrong. Moreover, an instruction that places the ‘burden’ upon an accused to prove by a preponderance of the evidence his alibi, may effectively erode the only defense available to an accused, and thus, cause him to stand naked and defenseless before the State’s accusation.””

   1 later decision quote this exact passage · from the majority
   e.g. 31 Md. App. 85 - Beckette v. State

3. ““ * * *[I]f ‘it takes ten gossamers to make a scintilla, then the appellees’ evidence ... falls well short of five gossamers.’ Judge McWil-liams may well have been speaking of the case now before us as we are unable to find ‘five gossamers’ of evidence pertaining to the assault and battery.””

   1 later decision quote this exact passage · from the majority
   e.g. Gentry v. State