State v. Colvin’s Empirical Analysis

Citation profile

57 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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(b) Waiver of allegation of error. — (l)(i) Except as provided in sub-paragraph (ii) of this paragraph, an allegation of error is waived when a petitioner could have made but intelligently and knowingly failed to make the allegation: 1. before trial; 2. at trial; 3. on direct appeal, whether or not the petitioner took an appeal; 4. in an application for leave to appeal a conviction based on a guilty plea; 5. in a habeas corpus or coram nobis proceeding began by the petitioner; 6. in a prior petition under this subtitle; or 7. in any other proceeding that the petitioner began. (ii) 1. Failure to make an allegation of error shall be excused if special circumstances exist. 2. The petitioner has the burden of proving that special circumstances exist. "(c) Effect of judicial decision that Constitution imposes new standard. — (l) This subsection applies after a decision on the merits of an allegation of error or after a proceeding in which an allegation of error may have been waived. (2) Notwithstanding any other provision of this title, an allegation of error may not be considered to have been finally litigated or waived under this title if a court whose decisions are binding on the lower courts of the State holds that: (i) the Constitution of the United States or the Maryland Constitution imposes on State criminal proceedings a procedural or substantive standard not previously recognized; and (ii) the standard is intended to be applied retrospectively and would thereby affect th”

   1 later decision quote this exact passage
   e.g. State v. Adams

2. “"When submitting guilt or innocence to the jury, the trial court instructed that Art. 23 of the Maryland Declaration of Rights made the jury the judge of the law, and that as a result the court’s instructions were advisory only and not binding. In conformance with Stevenson v. State, 289 Md. 167 , 423 A.2d 558 (1980), however, the court went on to instruct that the juiy was to perform its role as a judge of the law only where there was a suggested conflict. Further, the court instructed that on the constitutional precepts such as burden of proof and need for unanimity, its instructions were binding and could not be disregarded. Colvin-El, citing Giaccio v. Pennsylvania, 382 U.S. 399, 403 , 86 S.Ct. 518, 521 , 15 L.Ed.2d 447, 450 (1966), contends that he was thereby deprived of due process because he was not tried in accordance with the law of the land and because the instruction was confusing. He also criticizes the reasonable doubt instruction. "There were no exceptions taken to these instructions. On direct appeal when Colvin-El was represented by new counsel, the points were not presented. Under Md.Code (1957, 1987 Repl.Vol.), Art. 27, § 645A(c), part of the Post Conviction Procedure Act, failure to make the allegations is presumed to have been done intelligently and knowingly. Nothing is presented here to rebut the presumption. "To the extent that Colvin-El rests his ineffectiveness of counsel argument on the absence of any exceptions to these instructions, we find neithe”

   1 later decision quote this exact passage
   e.g. State v. Adams

3. “"The information developed at the post conviction hearing does not generate any reasonable probability that Colvin-[e]l was not at least an accomplice in the murder. If the basement door was only a point of attempted entry, and not a point of actual entry as Defective] Sturgeon testified, the discrepancy does not undermine the fact that someone entered the house, murdered Mrs. Buchman and stole jewelry and other property. There is no reasonable probability that [defense counsel] could have done anything to alter the fundamental fact that Colvin-[e]l was present and at least aiding and abetting the daytime housebreaking and robbery.””

   1 later decision quote this exact passage
   e.g. Colvin-El v. State