31 Md. App. 48 - Herbert v. State’s Empirical Analysis
1976
Citation profile
31 state decisions
How this case has been cited
Cited by 31 later decisions — most recently December 2008 · most notably Richmond v. State (1992), 54 Md. App. 568 - DENO CONSTANTINE KANARAS v. State (1983)
31 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 United States v. Tateo · Johnson v. State · United States of America Ex Rel. Edward Mitchell, Relator-Appellee v. Hon. Harold Follette, Warden, Green Haven Prison, Stormville, New York · 2 Md. App. 356 - Jones v. State · 6 Md. App. 496 - Bailey 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“But for the fact that room 66 was rented that evening, the State produced no evidence at Herbert’s trial that room 76 [the room not rented that evening] was used for different purposes than room 66. Both seem to be ordinary rooms designed and used for the same purpose. It is apparent that either both rooms are “dwellings” or both are “other buildings” under the storehouse breaking statutes.”
1 later decision quote this exact passage · from the majoritye.g. McKenzie v. State““having proven one room of the motel to be a dwelling house, the State may not then designate another room a storehouse without further proof’ that the use of the latter room varied from the use of the former. The Court specifically held that the State failed to prove beyond a reasonable doubt that “one room of a proven dwelling house was severable because it is used as a storage area[.]””
1 later decision quote this exact passage · from the majority“[W]hen Judge Powers said, “if you had come in here with a plea of guilty ... you would probably have gotten a modest sentence,” he indicated that he ... punished Johnson more severely because he failed to plead guilty — the words just quoted manifest that an impermissible consideration may well have been employed.”
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.