Public-domain · open source
OpenJurist
← 280 Md. 21 - McBurney v. State

McBurney v. State’s Empirical Analysis

1977

Citation profile

52
cited by 52 later decisions
1
states following
April 2022
most recently cited

52 state decisions

How this case has been cited

Cited by 52 later decisions — most recently April 2022 · most notably Attorney Grievance Commission v. Glenn (1996), Grandison v. State (1986)

52 state decisions

210197719801990200020102020decided

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 Beck v. United States · Leon v. Klinger · Brown v. State · Bowen v. State · Martel v. State

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

  1. “There are two facets to the jurisdiction of a court-jurisdiction over the subject matter and venue. With respect to the subject matter, within its county, a circuit court of this State has full common law jurisdiction in all criminal cases committed in Maryland except where limited by law. Maryland Code (1974) Courts and Judicial Proceedings Article § 1-501. Venue, however, is the place of trial, or where a criminal trial may properly occur.”
    3 later decisions quote this exact passage · from the majority
  2. “"There are two facets to the jurisdiction of a court — jurisdiction over the subject matter and venue. With respect to the subject matter, within its county, a circuit court of this State has full common law jurisdiction in all criminal cases committed in Maryland except where limited by law. Maryland Code (1974) Courts and Judicial Proceedings Article § 1-501. Venue, however, is the place of trial, or where a criminal trial may properly occur. Jurisdiction in this sense relates only to the place where either party may require the case to be tried and unless 'venue’ is given jurisdictional effect by being a localized action, the question of jurisdiction of subject matter is not presented. The case here may be resolved on the issue of whether the venue was properly laid. Jurisdiction of the subject matter is not involved. " 'At common law criminal offenses were tried by a jury of the county where the offense was committed.’ Kisner v. State, 209 Md. 524, 529 , 122 A.2d 102 (1956), citing 4 W. Blackstone, Commentaries . See 1 Wharton’s Criminal Procedure (12th ed. 1974) § 36 (hereinafter cited as Wharton); L. Hochheimer, Law of Crimes and Criminal Procedure (1st ed. 1897) § 75 .... In Kisner we gave a comprehensive history of the venue of the circuit courts of this State in criminal cases. 209 Md. at 529-536 . We found the common law rule, that the proper venue of a crime is the county of commission, to be the general rule in Maryland. It is widely recognized, however, that in t”
    1 later decision quote this exact passage · from the majority
  3. “A general mens rea or intent ‘includes those consequences which (a) represent the very purpose for which an act is done (regardless of likelihood of occurrence), or (b) are known to be substantially certain to result (regardless of desire).’ [R. Perkins, Criminal Law (2 nd. ed.1969) at 747]. In some crimes, however, a specific intent is an essential ingredient. Clark & Marshall, A Treatise on the Law of Crimes (7 th ed.1987) § 5.06. ‘A specific intent, when an element of the mens rea of a particular offense, is some intent other than to do the actus reus thereof which is specifically required for guilt.’ [Perkins at 762].”
    1 later decision quote this exact passage · from the majority

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.