Murphy v. Yates’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 68 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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The rule which can be distilled from the cases is essentially this. If an office is created by the Constitution, and specific powers are granted or duties imposed by the Constitution, although additional powers may be granted by statute, the position can neither be abolished by statute nor reduced to impotence by the transfer of duties characteristic of the office to another office created by the legislature. We regard this as but another facet of the principle of separation of powers, guaranteed by Article 8 of Maryland’s Declaration of Rights.... ””

   2 later decisions quote this exact passage · from the majority
   e.g. Schisler v. State · Williams v. State Legislature of Idaho

2. “most awesome discretionary power: to determine whether or not to prosecute.” Obviously, whether or not to seek the death penalty is an even more awesome power. It was for the purpose of determining whether the death penalty should be sought that the State’s Attorney for Montgomery County asked that the juvenile court record in question be disclosed to him. The trial judge said in determining to make the material available to the State:”

   2 later decisions quote this exact passage · from the majority
   e.g. Sinclair v. State · In Re Robert G.

3. ““(b) Investigations — Offenses enumerated. — Except with respect to offenses alleged to be committed by himself or members of his staff, he may, on his own initiative, or at the request of the Governor, the Attorney General, the General Assembly, the State Ethics Commission, or a State’s Attorney, investigate: (1) Criminal offenses under the State election laws; (2) Criminal offenses under the State Public Ethics Law; (3) Violations of the State bribery laws in which an official or employee of the State or of a political subdivision of the State or of any bicounty or multicounty agency of the State was the offeror or offeree, or intended offeror or offeree, of a bribe; (4) Offenses constituting criminal malfeasance, misfeasance, or nonfeasance in office committed by an officer or employee of the State or of a political subdivision of the State or of any bicounty or multi-county agency of the State. Any person who is advised by the State Prosecutor that he is under investigation may, at his discretion, release this information including any results pertaining to him to the public; and (5) Violations of the State extortion, perjury, and obstruction of justice laws related to any activity described in subsection (b)(1) through (4). (c) Same — Criminal activity in more than one jurisdiction. — At the request of either the Governor, Attorney General, General Assembly or a State’s Attorney, the State Prosecutor may investigate criminal activity conducted or committed partly in this”

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