26 Md. App. 241 - Redman v. State’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is no justification for distinguishing between the defendant’s right to ‘be present’ in connection with testimony elicited at a trial on the propriety of a search and seizure and this same right in connection with testimony taken at a suppression hearing. ‘The statute’s purposes are two: to prevent the ancient evil of secret trials . . . and to guarantee the defendant’s right to be present at all important stages of his trial.’ . .. The significance of the suppression hearing is such that the rationale for requiring the defendant’s presence at the trial applies with equal force to require his presence at the suppression hearing. ‘[A] denial of a motion to suppress evidence is a crucial step in a criminal prosecution: it may often spell the difference between conviction or acquittal’ . . . The distinctions suggested by respondent, between the actual trial and the hearing required by the new statute, ignore the reasons underlying the enforcement of the right to be present whenever testimony is to be taken relating to evidence which is to be used against a defendant. In fact such distinctions lack support in the principles of practice and are equally lacking in reality or logic. The right of the accused to be present as a procedural safeguard at the trial is absolute. Expediency may not dictate procedural changes so as to take from a defendant the right to be present at the taking of testimony, even at a pretrial suppression hearing. At such a hearing the facts of the sea”

   1 later decision quote this exact passage · from the majority
   e.g. 292 Pa. Super. 392 - Commonwealth v. McLaurin

2. ““the trial is actually in progress and is moving forward through one of its necessary stages or that testimony which will ultimately become a part of the trial (as in Collins [v. State, 12 Md. App. 239 (1971), aff’d 265 Md. 70 (1972)] is being perpetuated.” Id. at 244.”

   1 later decision quote this exact passage · from the majority
   e.g. 43 Md. App. 698 - Hughes v. State

3. ““at a pretrial chambers conference between the judge and counsel concerning scheduling and other procedural matters,____””

   1 later decision quote this exact passage · from the majority
   e.g. 43 Md. App. 698 - Hughes v. State