Goins v. State’s Empirical Analysis

Citation profile

100 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 102 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““§ 591. Setting date for trial; postponement. (a) Within two weeks after the arraignment of a person accused of a criminal offense, or within two weeks after the filing of an appearance of counsel or the appointment of counsel for an accused in any criminal matter, whichever shall occur first, a judge or other designated official of the circuit court in which the matter is pending, shall set a date for the trial of the case, which date shall be not later than 180 days from the date of the arraignment of the person accused or the appearance or the appointment of counsel for the accused whichever occurs first. The date established for the trial of the matter shall not be postponed except for good cause shown by the moving party and only with the permission of the administrative judge of the court where the matter is pending. (b) The judges of the Court of Appeals of Maryland are authorized to establish additional rules of practice and procedure for the implementation of this section in the various circuit courts throughout the State of Maryland.” Rule 746 states: “Rule 746. Trial Date. a. General Provision. Within 30 days after the earlier of the appearance of counsel or the first appearance of the defendant before the court pursuant to Rule 723, a trial date shall be set which shall be not later than 180 days after the appearance or waiver of counsel or after the appearance of defendant before the court pursuant to Rule 723. b. Change of Trial Date. Upon motion of a party made”

   3 later decisions quote this exact passage · from the majority
   e.g. 72 Md. App. 342 - State v. Robertson · State v. Frazier

2. ““A ... circumstance where it is inappropriate to dismiss the criminal charges is where the defendant, either individually or by his attorney, seeks or expressly consents to a trial date in violation of Rule 746. It would, in our judgment, be entirely inappropriate for the defendant to gain advantage from a violation of the rule when he was a party to that violation. In this respect, the situation is analogous to the well-established principle that a criminal defendant who seeks or expressly consents to a mistrial, even though the required ‘manifest necessity’ standard for the mistrial may have been absent, cannot take advantage of his own act and prevent a retrial on double jeopardy grounds.” ( 285 Md. at 335 , 403 A.2d 368 , emphasis added.)”

   3 later decisions quote this exact passage · from the majority
   e.g. Farinholt v. State · 171 Md. App. 458 - Jules v. State

3. ““The defendant relies upon the administrative judge’s statement that he issued the January 29th order without ‘calculating’ the 180-days or considering § 591 and Rule 746. However, nothing in § 591 or Rule 746 requires that the administrative judge specifically be conscious of the statute and rule. As long as the county administrative judge extends or approves of the extension of the trial date, and the order is supported by the necessary cause, the requirements and purposes of § 591 and Rule 746 have been fulfilled.””

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