State v. Hannah’s Empirical Analysis
1986
Citation profile
38 state decisions
How this case has been cited
Cited by 38 later decisions — most recently May 2014 · most notably Hoile v. State (2008), Cardinell v. State (1994)
38 state decisions
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 State Ex Rel. Sonner v. Shearin · First National Bank v. Department of Health & Mental Hygiene · Warren v. State · State v. Wooten · State v. Fisher
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) In general.— (1) When a defendant pleads guilty or nolo contendere or is found guilty of a crime, a court may stay the entering of judgment, defer further proceedings, and place the defendant on probation subject to reasonable conditions if: (i) the court finds that the best interests of the defendant and the public welfare would be served; and (ii) the defendant gives written consent after determination of guilt or acceptance of a nolo contendere plea. (2) Subject to paragraphs (3) and (4) of this subsection, the conditions may include an order that the defendant: (i) pay a fine or monetary penalty to the State or make restitution; * * * (e) Waiver of right to appeal.— (1) By consenting to and receiving a stay of entering of the judgment as provided by subsections (b) and (c) of this section, the defendant waives the right to appeal at any time from the judgment of guilt. (2) Before granting a stay, the court shall notify the defendant of the consequences of consenting to and receiving a stay of entry of judgment under paragraph (1) of this subsection.”
1 later decision quote this exact passage“Hannah pled guilty to the use of a handgun in the commission of a felony, his first such offense. Under those circumstances Art. 27, § 36B(d)(l) specifies that “it is mandatory upon the court to impose no less than the minimum sentence of 5 years.” Hannah nevertheless says that this result does not obtain because it arises only “on conviction” of the handgun offense and the probation before judgment disposition of his handgun offense is not a “conviction.” This sophistry is demolished by § 36B(e). Subsection (e) lists a variety of prohibited dispositions in handgun cases and completely dispels any notion that the minimum sentence requirement can be satisfied by any form of probation. In particular § 36B(e)(3) prohibits entry of “a judgment of probation before or without verdict,” a disposition in which there is no “conviction.” An illegal disposition cannot take this case out from under the operation of the handgun statute’s sentencing mínimums.”
1 later decision quote this exact passage“[Wjhether or not Hannah’s probation before judgment violated the negative prohibitions of the handgun act concerning probation, the circuit court’s disposition violated the affirmative requirement of § 36B(d)(l) that a person who is guilty of a first offense under the handgun statute “be sentenced ... for a term of not less than 5 ... years, and it is mandatory upon the court to impose no less than the minimum sentence of 5 years.””
1 later decision quote this exact passage
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.