31 Md. App. 25 - Barnes v. State’s Empirical Analysis

Citation profile

2 federal appellate · 98 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 101 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Under an agreed statement of facts both State and the defense agree as to the ultimate facts. Then the facts are not in dispute, and there can be, by definition, no factual conflict. The trier of fact is not called upon to determine the facts as the agreement is to the truth of the ultimate facts themselves. There is no fact-finding function left to perform. To render judgment, the court simply applies the law to the facts agreed upon. If there is agreement as to the facts, there is no dispute [.]"”

   13 later decisions quote this exact passage · from the majority
   e.g. 34 Md. App. 454 - Covington v. State · Smallwood v. State

2. ““As we see it, in the circumstances, the only way the court could have resolved the conflict in the evidence, and made a factual finding that the merchandise was concealed, was by arbitrary choice. We believe a choice so made to be capricious, and a determination of guilt beyond a reasonable doubt may not be properly bottomed on it. Therefore, the judgment of the court was clearly erroneous, and we shall reverse it.””

   3 later decisions quote this exact passage · from the majority
   e.g. Smallwood v. State · 182 Md. App. 546 - In Re Damien F.

3. “In a criminal action in which the court is the trier of fact, the appellate court must entertain the issue of the sufficiency of the evidence when presented on appeal even in the absence of a motion for judgment of acquittal below.”

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