Malcolm v. State’s Empirical Analysis

Citation profile

84 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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Any person who (1) has been convicted on two separate occasions of a crime of violence where the convictions do not arise from a single incident, and (2) has served at least one term of confinement in a correctional institution as a result of a conviction of a crime of violence, shall be sentenced, on being convicted a third time of a crime of violence, to imprisonment for the term allowed by law, but, in any event, not less than 25 years. Neither the sentence nor any part of it may be suspended, and the person shall not be eligible for parole except in accordance with the provisions of Article 31B, § 11. A separate occasion shall be considered one in which the second or succeeding offense is committed after there has been a charging document filed for the preceding occasion.”

   3 later decisions quote this exact passage
   e.g. Johnson v. State · Taylor v. State

2. “This conclusion is consistent with our own cases finding probable cause under the totality of circumstances test. See Herod v. State, 311 Md. 288 , 534 A.2d 362 (1987) (where the informant 1) exposed herself to prosecution by giving the tip, 2) explained her motive for giving the tip, and 3) gave information based on personal dealings with the defendant); Winters v. State, 301 Md. 214 , 482 A.2d 886 (1984) (finding probable cause for a search warrant existed when the detailed tip of an informant had been corroborated by the police and the basis of the informant had been established); Potts v. State, 300 Md. 567 , 479 A.2d 1335 (1984) (where the confidential informant 1) had proven reliable in the past, 2) gave detailed information and 3) was partially corroborated by police investigation).”

   1 later decision quote this exact passage
   e.g. 137 Md. App. 314 - West v. State

3. ““There, an anonymous informant notified the police that a certain couple would be trafficking drugs. In addition to providing their names and Illinois address, the informant said the wife would drive to Florida on May 3, drop off the car to be filled with drugs and then fly back to Chicago. The husband would fly to Florida to pick up the car and drive it to Chicago. Police corroboration indicated that 1) the couple lived at a different address than the informant had given, 2) the husband flew to West Palm Beach on May 5, and (3) he and his wife started back for Chicago the next day. Gates, 462 U.S. at 225-27 [ 103 S.Ct. at 2325-26 ]. This information was sufficient to obtain a valid search search warrant for the couple’s home and car.” (Citation omitted.)”

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