Reed v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The circumstances of the instant case, however, do not permit the conclusion that because Kevin Reed stole Mr. Keller’s goods his intent when entering the building was to commit a crime. Several factors militate against this conclusion. The breaking in this case was, at best, a constructive breaking. A surreptitious or forceful breaking would more strongly suggest criminal intent. Although the defendant lied at the time he gained entry, his statement was not completely misleading. It would be as reasonable to infer that he lied in order to see his father as to infer that he lied in order to commit a crime. The defendant’s use of his real name when signing into.the building suggests that he lacked criminal intent at that point. The thirty minute lapse of time between the defendant’s entry into the lobby and the theft of Mr. Keller’s possessions also suggests that the defendant had no criminal intent upon entry. Additionally, the way in which the defendant spent those thirty minutes — mopping his father’s floor — indicates no criminal intent at the time of entry. Perhaps most significant is the lack of any evidence that Kevin Reed, when entering the building, was aware that Mr. Keller’s door would be open. This strongly suggests that the defendant’s criminal intent was not present until inspired by the chance encounter with Mr. Keller’s open door. These factors lead us to conclude that there was insufficient evidence for the trial judge to find that Kevin Reed entered the apart”

   1 later decision quote this exact passage
   e.g. 82 Md. App. 99 - Horsman v. State