28 Md. App. 464 - Pearson v. State’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The question is, what kind of contempt would such action constitute. Viewed in the light of the Court of Appeals’ construction of the language of Rule P3, §§ a and b, the offensive act of Pearson, assuming it was voluntary, was not a direct contempt. His failure to return to the courtroom after the luncheon recess did not, in fact, interrupt the order of the courtroom and interfere with the conduct of business. The trial promptly proceeded to verdict, without him as authorized by Rule 775, and without prejudice to the State, claimed or existent. The behavior of Pearson, therefore, constituted a constructive contempt. The court below, however, proceeded as if Pearson had committed a direct contempt by summarily punishing him. It had no authority to do so, and should have proceeded under Rule P4, applicable to constructive contempt.” Id. at 483 (Footnotes omitted.)”

   2 later decisions quote this exact passage · from the majority
   e.g. 110 Md. App. 464 - Scott v. State · 46 Md. App. 548 - A. v. Laurins & Co. v. Prince George's County

2. “The United States Supreme Court has often expressed the opinion that a summary contempt proceeding should be the exceptional case. Such proceedings are only proper in cases where the action of the alleged contemnor poses an open, serious threat to orderly procedure that instant, and summary punishment, as distinguished from due and deliberate procedures, is necessary. In other words, direct contempt procedures are designed to fill the need for immediate vindication of the dignity of the court. As the Supreme Court stated in Johnson v. Mississippi [ 403 U.S. 212 , 91 S.Ct. 1778 , 29 L.Ed.2d 423 (1971)] ‘instant action may be necessary where the misbehavior is in the presence of the judge or is known to him, arid where immediate corrective steps are needed to restore order and maintain the dignity and authority of the court.’ But, it is recognized that at times immediate action taken against an attorney guilty of contempt is likely to prejudice his client. If this is the case, it is best to wait until the end of the trial and a more deliberate path followed. And, while not required, when a judge waits until the end of the trial, it is generally wise to ask a fellow judge to rule on the nature of the conduct of the contemnor if it has in it elements of personal attack upon the judge. The judge must banish personal impulses to reprisal, or to vent his spleen.”

   1 later decision quote this exact passage · from the majority
   e.g. 110 Md. App. 464 - Scott v. State

3. “"A direct contempt occurs when the actions of the contemnor interrupt the order of the courtroom and interfere with the conduct of business. When such disruption occurs within the sensory perception of a presiding judge he will have sufficient knowledge of the contemptuous act which tends to interrupt the proceedings and will not have to rely on other evidence to establish all the details, though some of them can be supplied by additional testimony.” (Emphasis added.)”

   1 later decision quote this exact passage · from the majority
   e.g. 46 Md. App. 138 - Murphy v. State