Duncan and Smith v. State’s Empirical Analysis

Citation profile

154 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 154 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"If on a motion to suppress testimony persons such as Duncan and Smith were obliged to go no further than to merely assert that they owned the goods, then after Simmons there might be no need for Jones . Such is not the case, however. On a motion to suppress testimony an alert prosecutor might well elicit from persons in the position of Duncan and Smith small bits of information from which he could well develop the basis for additional investigation calculated to make the State’s case stronger. This represents one of the very vices Jones was intended to prevent. . . .” 276 Md. at 730 , 351 A.2d at 152 .”

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

2. “[W]hen a defendant testifies in support of a motion to suppress evidence on Fourth Amendment grounds, his testimony may • not thereafter be admitted against him at trial on the issue of guilt unless he makes no objection.” Id. 390 U.S. at 394 . In Duncan and Smith v. State, 276 Md. 715 , 351 A.2d 144 (1976), we reviewed the holding of the Court of Special Appeals in Duncan and Smith v. State, 27 Md. App. 302, 317 , 340 A.2d 722 (1975), to the effect”

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

3. “primarily because of [that court’s] considered belief that the very concept of 'automatic standing’ ha[d] been superseded and rendered a dead letter by Simmons. ...” We found”

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