Thomas v. State’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 157 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 161 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) Evidence relating to victim’s chastity. — Evidence relating to a victim’s reputation for chastity and opinion evidence relating to a victim’s chastity are not admissible in any prosecution for commission of a rape or sexual offense in the first or second degree. Evidence of specific instances of the victim’s prior sexual conduct may be admitted only if the judge finds the evidence is relevant and is material to a fact in issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value, and if the evidence is: (1) Evidence of the victim’s past sexual conduct with the defendant; or (2) Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease, or trauma; or (3) Evidence which supports a claim that the victim has an ulterior motive in accusing the defendant of the crime; or (4) Evidence offered for the purpose of impeachment when the prosecutor puts the victim’s prior sexual conduct in issue.”

   4 later decisions quote this exact passage
   e.g. 71 Md. App. 165 - Smith v. State · 93 Md. App. 522 - Johnson v. State

2. ““On November 18, 1982, a jury in the Circuit Court for Baltimore County convicted Donald Thomas of the first degree murders of Donald Spurling and his wife, Sarah. 1 At the same trial, Thomas was also found guilty of the first degree rape of Noel Wilkins, of committing two first degree sexual offenses upon Ms. Wilkins, and of robbing her at knife point. Having been previously given the required statutory notice that the death penalty would be sought for the first degree murders, Thomas elected to have the trial judge decide whether he should be executed for those crimes. “On December 13, 1982, Thomas was sentenced to life imprisonment for the murder of Donald Spurling, death for the murder of Sarah Spurling, concurrent terms of life imprisonment for the first degree rape and first degree sexual offenses, and a twenty-year consecutive sentence for the armed robbery. This Court affirmed the judgments of the circuit court as to both the convictions and the sentences, including imposition of the death sentence. [Thomas I, supra.] The Supreme Court of the United States denied Thomas’s petition for writ of certiorari. “Thomas then filed a petition for post conviction relief. Thomas sought a new trial, or in the alternative, a new sentencing hearing. After conducting an evidentiary hearing on the petition, the court found no merit in the claims that Thomas had been improperly convicted but vacated his death sentence and ordered a new sentencing hearing. This relief was granted becau”

   1 later decision quote this exact passage
   e.g. State v. Thomas

3. “First, it may be introduced to prove the defendant’s state of mind when the victim was killed. Specifically, the character evidence may be used to prove that defendant had reasonable grounds to believe that he was in danger. Jones v. State, 182 Md. 653, 659 , 35 A.2d 916 (1944). The accused may introduce evidence of the deceased’s previous violent acts to prove that he had reason to perceive a deadly motive and purpose in the overt acts of the victim. To use character evidence in this way, the defendant first must prove: (1) his knowledge of the victim’s prior acts of violence; and (2) an overt act demonstrating the victim’s deadly intent toward the defendant. Gunther v. State, 228 Md. 404, 410 , 179 A.2d 880 (1962); Jones v. State, supra, 182 Md. at 659-60 , 35 A.2d 916 . Second, the violent character of the victim may be introduced to corroborate evidence that the victim was the initial aggressor. Williamson v. State, 25 Md.App. 338, 333 A.2d 653 (1975). It is not necessary to prove that the defendant had knowledge of the victim’s reputation. Id. Id. 25 Md.App. at 345 , 333 A.2d 653 . To use character evidence for this second purpose, however, the proponent must first establish an evidentiary foundation tending to prove that the defendant acted in self-defense. Id. Id. 25 Md.App. at 345 , 333 A.2d 653 ; 1 Jones on Evidence § 4:40 at 463-64 (1972); 1 Wharton’s Criminal Evidence, § 236 at 510-11; 40 Am.Jur.2d Homicide § 303 (1968). See Nixon v. State, 204 Md. 475, 484 , 105 A”

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