Cubbage v. State’s Empirical Analysis
1985
Citation profile
2 federal appellate · 41 state decisions
How this case has been cited
Cited by 45 later decisions — most recently May 2023 · most notably State v. Green (2001), Owens v. State (2007)
2 federal appellate · 41 state decisions — followed in 10 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Johnson v. Zerbst · North Carolina v. Alford · Bordenkircher v. Hayes · Evitts v. Lucey · Starnes v. Penrod Drilling Co.
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"In Maryland, the right to appeal a criminal conviction is statutory, not constitutional. . . . See also Evitts v. Lucey , 469 U.S. 387 , [393], 105 S.Ct. 830 , 834 , 83 L.Ed.2d 821 , 827 (1985) (`Almost a century ago, the Court held that the Constitution does not require States to grant appeals as of right to criminal defendants seeking to review alleged trial court errors.'). See generally J. Bond, Plea Bargaining and Guilty Pleas § 7.27(a)(1), at 7-94 (2d ed. 1982) (Bond). "Just as constitutional rights may be waived, so may nonconstitutional right be waived. See, e.g., State v. Magwood , 290 Md. 615 , 619 n. 2, 432 A.2d 446 , 448 n. 2 (1981) (`[T]here are few, if any instances where a criminal defendant is prohibited from surrendering his rights, be they constitutional or otherwise . . . .' (citation omitted and emphasis added [in Cubbage ])); Logan v. State , 289 Md. 460 , 470-71 , 425 A.2d 632 , 637 (1981) (`It would be a strange holding indeed were we to conclude that though the defendant can knowingly waive a constitutional right, he cannot knowingly waive a court rule (absent specific language rendering such a purported waiver ineffective) adopted to bolster and implement that constitutional right. . . . *Page 80 "We are unable to accept the thesis that no one can ever intelligently waive an important constitutional right voluntarily. . . ." . . . In our view, the same is ordinarily true in the area of important non-constitutional rights.' (citation omitted [in Cubba”
2 later decisions quote this exact passage“); Lohss and Sprenkle v. State, 272 Md. 113, 116 , 321 A.2d 534, 536-537 (1974) (”
1 later decision quote this exact passagee.g. State v. Green“In Maryland, the right to appeal a criminal conviction is statutory ...”
1 later decision quote this exact passagee.g. State v. Green
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.