State v. Moulden’s Empirical Analysis

Citation profile

61 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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The nol pros of a charging document or of a count is ‘a final disposition’ of the charging document or count; ‘there can be no further prosecution under’ the nol prossed charging document or count; the matter is ‘terminated’ at that time; and the accused may be proceeded against for the same offense only under a new or different charging document or count. Barrett v. State, supra, 155 Md. at 637-638 [ 142 A. 96 .]”

   3 later decisions quote this exact passage · from the majority
   e.g. Gilmer v. State · Curley v. State

2. ““Not only does a nolle prosequi leave a defendant open for prosecution for the same offense under a different charging document or count, but there are limitations upon the principle that a nolle prosequi finally terminates a prosecution under a particular charging document. Thus, where the nolle prosequi as to one charge is induced by a guilty plea on another charge as part of an express or implicit plea arrangement, and the defendant thereafter successfully challenges the validity of the guilty plea and obtains a new trial, thereby rescinding the plea arrangement, the new trial ordinarily may, at the State’s election, embrace the nolle prossed charge without the necessity of the State’s obtaining a new charging document. This is true regardless of whether the nolle prosequi was entered before or after the attachment of jeopardy at the first trial.””

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

3. “although the jury was allowed to take the indictment into the jury room during deliberation, there were no “dead” counts in the indictment. Poole had not been acquitted on any of the counts. The indictment against him charged him with, inter alia, the murder of [his co-assailant] and use of a handgun in the commission of a felony. Accordingly, these counts were properly submitted to the jury.”

   1 later decision quote this exact passage · from the majority
   e.g. 124 Md. App. 401 - Bowers v. State