Durkin v. State’s Empirical Analysis

Citation profile

46 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Where character evidence is otherwise relevant to the proceeding, no person offered as a character witness who has an adequate basis for forming an opinion as to another person’s character shall hereafter be excluded from giving evidence based on personal opinion to prove character, either in person or by deposition, in any suit, action or proceeding, civil or criminal, in any court or before any judge, or jury of the State.”

   7 later decisions quote this exact passage · from the majority
   e.g. Devincentz v. State · Booth v. State

2. “[L]ike other similar requirements for the admissibility of evidence, the trial judge has the threshold function of evaluating the circumstances and making a determination that the personal opinion of the character witness [and his knowledge of the reputation in the community for credibility of the challenged witness,] is relevant and has an adequate basis. And, as is the case with relevancy or similar evidentiary matters, much deference will be paid to his determination, and it will be overturned on appeal only if there is a clear abuse of discretion.”

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

3. “In sum, it is clear from the language and legislative history of § 9-115 that the extent of the basis for the personal opinion character testimony relates to admissibility, and not just to the weight to be given the testimony by the trier of fact. (Emphasis supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. 76 Md. App. 127 - Hemingway v. State