Lykins v. State’s Empirical Analysis

Citation profile

35 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"the proper action to be taken by a trial judge, when he encounters circumstances similar to those in the case at bar which he determines to be so grave as to adversely affect the administration of justice but which in no way suggest the bringing of a prosecution for improper motives... is to supplant the prosecutor, not to bar the prosecution. Of course, a trial judge may determine that the facts presented to him are not sufficiently grave to require even this action. Normally, the evaluation of such circumstances is left to the sound discretion of the trial judge who is upon the scene and able to sense the nuances of that before him. Ordinarily an appellate court will not interfere with his conclusion as to the proper course of action to be followed in the absence of a showing of an abuse of discretion upon the part of the trial judge.” Id. at 85 .”

   6 later decisions quote this exact passage · from the majority
   e.g. Gatewood v. State · Young v. State

2. “"The appointment of a special prosecutor may be accomplished in one of three ways. (1) The trial court may invoke the powers vested in it under Code (1974, 1980 Repl. Vol.) § 2-102 (a) Courts and Judicial Proceedings Article and designate some attorney as assistant counsel for the State. (2) As was done in State v. Ensor and Compton, 277 Md. 529 , 356 A.2d 259 (1976), the Attorney General may be requested to designate one of his assistants to be appointed by the trial court as assistant counsel for the State. (3) The State’s attorney may request the Governor to require the Attorney General under Constitution Article V, § 3 to aid the State’s attorney in prosecuting the action.””

   2 later decisions quote this exact passage · from the majority
   e.g. 69 Md. App. 702 - Goldberg v. State · Young v. State

3. “" 'Continuation of the American concept that we are to be governed by the rules of law requires that the people have faith that justice can be obtained through our legal system. That faith is justified and can exist only when the people are convinced that justice is administered evenhandedly. The exercise of a State’s Attorney’s broad prerogative to determine whom, what and how to prosecute must adhere rigidly to the standards of conduct established by law. Any act not in accordance with those standards, because it impairs the confidence of the people in the integrity of the exercise of the State’s sovereign power to indict and prosecute, tends to destroy the people’s faith in the fair and equal administration of justice. Such acts are not to be sanctioned or condoned by the courts.’ ” Sinclair v. State, 27 Md.App. 207, 230-31 , 340 A.2d 359, 373 (1975) (Davidson, J., dissenting) (footnote omitted) (citation omitted), quoted in Lykins, 288 Md. at 92 , 415 A.2d at 1124-25 (Davidson, J., dissenting).”

   1 later decision quote this exact passage · from the dissent
   e.g. Young v. State