Adkins v. State’s Empirical Analysis

Citation profile

41 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. that the witness appears to have been so closely implicated in the defendant’s alleged criminal activities that the invocation by the witness of a claim of privilege when asked a relevant question tending to establish the offense charged will create an inference of the witness’ complicity, which will, in turn, prejudice the defendant in the eyes of the jury; 2. that the prosecutor knew in advance or had reason to anticipate that the witness would claim his privilege, or had no reasonable basis for expecting him to waive it, and therefore, called him in bad faith and for an improper purpose; 3. that the witness had a right to invoke his privilege; 4. that defense counsel made timely objection and took exception to the prosecutor’s misconduct; and 5. that the trial court refused or failed to cure the error by an appropriate instruction or admonition to the jury.”

   3 later decisions quote this exact passage
   e.g. 228 Md. App. 391 - Johnson v. State · 86 Md. App. 204 - Jones v. State

2. “"In viewing all of the circumstances of the invocation of the privilege by Troxell, we hold that it was prejudicial error for the trial judge to conduct the second inquiry as to unavailability in the presence of the jury. Here, both the court and counsel were aware that the accomplice intended to invoke the privilege against self-incrimination as a result of the prior Motion in Limine testimony of Troxell. He clearly indicated that he would continue to refuse to testify if recalled before the jury, notwithstanding the earlier finding of contempt. Under these facts, the court should not have allowed the accomplice to be recalled before the jury for the purpose of direct examination. The trial judge should have ruled on Troxell's availability during the Motion in Limine procedure, making a factual finding on the record, out of the presence of the jury. ... Under the circumstances presented, because of our holding that it was prejudicial error for the trial court to require the accomplice to invoke the privilege against self-incrimination in the presence of the jury, we shall reverse Adkins' conviction and remand the case for a new trial."”

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

3. “[t]he witness should first be called to the stand and sworn. Midgett v. State, 223 Md. 282, 289 , 164 A.2d 526, 529 (1960), cert. denied, 365 U.S. 853 , 81 S.Ct. 819 , 5 L.Ed.2d 817 (1961). Interrogation of the witness should then proceed to the point where he [or she] asserts his [or her] privilege against self-incrimination as a ground for not answering a question. Shifflett v. State, 245 Md. 169, 173-74 , 225 A.2d 440, 443 (1967). If it is a jury case, the jury should then be dismissed and the trial judge should attempt to ‘determine whether the claim of privilege is in good faith or lacks any reasonable basis.’ Midgett v. State, supra, 223 Md. at 289 [, 164 A.2d at 530 ]. If further interrogation is pursued, then the witness should either answer the questions asked or assert his [or her] privilege, making this decision on a question by question basis. Royal v. State, 236 Md. 443, 447 , 204 A.2d 500, 502 (1964).”

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