31 Md. App. 310 - Smith v. State’s Empirical Analysis
1976
Citation profile
27 state decisions
How this case has been cited
Cited by 27 later decisions — most recently April 2020 · most notably State v. Sayre (1989), 43 Md. App. 329 - Stone v. State (1979)
27 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 · Johnson v. State · Gleaton v. State · Mitchell v. State · Brown v. State
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b)(1) A defendant who is convicted and sentenced shall receive credit against and a reduction of the term of a definite or life sentence, or the minimum and maximum terms of an indeterminate sentence, for all time spent in the custody of a correctional facility ... because of: (i) the charge for which the sentence is imposed; or (ii) the conduct on which the charge is based. (2) If a defendant is in custody because of a charge that results in a dismissal or acquittal, the time that would have been credited if a sentence had been imposed shall be credited against any sentence that is based on a charge for which a warrant or commitment was filed during that custody. (3) In a case other than a case described in paragraph (2) of this subsection, the sentencing court may apply credit against a sentence for time spent in custody for another charge or crime.”
1 later decision quote this exact passage · from the majority“(c) In a criminal case, the State may appeal as provided in this subsection. (1) The State may appeal from a final judgment granting a motion to dismiss or quashing or dismissing any indictment, information, presentment, or inquisition. (2) The State may appeal from a final judgment if the State alleges that the trial judge failed to impose the sentence specifically mandated by the Code. (3) ... In a case involving a crime of violence as defined in § 643B of Article 27, and in cases under §§ 286 and 286A of Article 27, the State may appeal from a decision of a trial court that excludes evidence offered by the State or requires the return of property alleged to have been seized in violation of the Constitution of the United States, the Con stitution of Maryland, or the Maryland Declaration of Rights____”
1 later decision quote this exact passage · from the majority“"As we have indicated, the 12 year term imposed was legal, and the only aspect of the sentence that was illegal was the lack of credit for time served. Rule 764 §a [now Rule 774 a] permitted that defect to be corrected, but it did not empower the judge to strike the 12 year term. It is correct that § b 1 [now Rule 774 b] of the Rule gives the trial judge, within the 90 day period, broad powers over a sentence even though it has been imposed. But those powers permit the modification or reduction of the sentence. Costello v. State, 237 Md. 464, 472 (1965). The judge may not increase it.” (Emphasis in original.) Id. at 320.”
1 later decision quote this exact passage · from the majority
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.