Smith v. State’s Empirical Analysis
1965
Citation profile
3 district · 32 state decisions
How this case has been cited
Cited by 41 later decisions (6 by the Supreme Court) — most recently June 2013 · most notably Travelers Indemnity Company v. Nationwide Construction Corporation (1966), 2 Md. App. 80 - Boone v. State (1967)
3 district · 32 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Tumey v. State of Ohio · Michel v. State of Louisiana Poret · Ballard v. United States · Fay v. People of State of New York Bove · Blitz v. Boog
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The Maryland law, in our opinion, is clear, apart from the federal decisions and decisions in other states to which reference has been made, that the exclusion from the grand jury of persons who do not believe in the existence of a Supreme Being, declared invalid after the indictment had been brought, does not render the judicial proceeding based upon the indictment null and void but only gives the defendant the right, by timely action, to attack it.””
2 later decisions quote this exact passage · from the majority““We have consistently held that a defendant in a criminal proceeding may waive even a constitutional provision which applies in his favor. Matters which we have held to have been waived include the questioning of prospective jurors on voir dire, Lenoir v. State, 197 Md. 495 , 80 A. 2d 3 (1951); the constitutionality of the statute under which the defendant was tried, Martin v. State, 203 Md. 66 , 98 A. 2d 8 (1953); specific findings by the jury of convictions of prior offenses in a narcotics case, Beard v. State, 216 Md. 302 , 140 A. 2d 672 (1958); the right to a free transcript of the trial for use in appeal, Jackson v. Warden, 218 Md. 652 , 146 A. 2d 438 (1958); the right to a separate trial, Young v. State, 228 Md. 173 , 179 A. 2d 340 (1962); the voluntariness of a confession, Prescoe v. State, 231 Md. 486 , 191 A. 2d 226 (1963) and Fisher v. State, 233 Md. 48 , 194 A. 2d 824 (1963); the right to a speedy trial, Keyes v. State, 236 Md. 74 , 202 A. 2d 582 (1964); and the right to court-appointed counsel, Palacorolle v. State, 239 Md. 416 , 211 A. 2d 828 (1965). In Williams v. Warden, 240 Md. 205 , 213 A. 2d 579 (1965), we held that the systematic exclusion of Negroes from the array of jurors could be waived. “It is conceded by Smith’s counsel that his waiver of the defectiveness of the indictment was made freely and knowingly. Having waived the issue before trial, he cannot withdraw the waiver after his conviction.” Id. 240 Md. at 480.”
1 later decision quote this exact passage · from the majoritye.g. Dimery v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.