Busch v. State’s Empirical Analysis

Citation profile

4 federal appellate · 2 district · 56 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The character of this common law offense was described in Regina v. Bentley, 4 Cox C.C. 406, 406-08 (1850). There it was said: ‘The prisoner was indicted for cutting and wounding with intent to resist his lawful apprehension: the evidence showed that the prosecutor, a police constable, went with a brother officer, both being in plain clothes, and with two other policemen in uniform, to a public-house, and told the prisoner that he wanted him on a charge of highway robbery. He had no warrant, but from information he had received, he thought it his duty to apprehend the prisoner. The latter asked him for further information relative to the charge, which he refused to give, and the prisoner then told him that he would not go to the station-house, unless he was told why, or by what authority, he was apprehended. On the witness immediately proceeding to arrest him, the prisoner violently assaulted and seriously injured him. Robinson (for the prisoner) contended that, upon this evidence, the prisoner could not be convicted of the crime alleged against him.... Talfourd, J.-—I am of opinion, that the objection taken is not well founded. There is, upon the evidence, a sufficient case for the jury. I think that, to support a charge of resisting a lawful apprehension, it is enough that the prisoner is lawfully apprehended, and it is his determination to resist it’ ””

   3 later decisions quote this exact passage · from the majority
   e.g. Purnell v. State · State v. Le Noble

2. “«In Preston , this Court recognized that the offense of resisting arrest ordinarily requires resistance to a lawful arrest made by an officer of the law in the performance of his official duties. Accordingly, in Maryland, a lawful arrest ordinarily is essential to the offense of resisting arrest.””

   2 later decisions quote this exact passage · from the majority
   e.g. 205 Md. App. 227 - Rich v. State · 87 Md. App. 132 - Washington v. State

3. “Resisting Arrest” above a charging document did not serve to characterize the offense when the body of the document contained the alleged act of the accused as "resisting] and hindering] a police officer in the lawful execution of his duties.”

   2 later decisions quote this exact passage · from the majority
   e.g. Thompson v. State · Thompson v. State