32 Md. App. 613 - Tate and Hall v. State’s Empirical Analysis
1976
Citation profile
37 state decisions
How this case has been cited
Cited by 37 later decisions — most recently June 2002 · most notably Johnson v. State (1982), In Re Tariq A-R-Y (1997)
37 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 Coolidge v. New Hampshire · United States v. Matlock · Sedillo v. United States · Stoner v. California · Chapman v. United States
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Every person, his counsellors, aiders or abettors, who shall be convicted of the crime of kidnapping and forcibly or fraudulently carrying or causing to be carried out of or within this State any person ... with intent to have such person carried out of or within this State, or with the intent to have such person concealed within the State or without the State, shall be guilty of a felony and shall be sentenced to the penitentiary for not more than thirty years.””
2 later decisions quote this exact passage · from the majority“"[Wjhatever might be said of the common law offense [of kidnapping] it is apparent, in light of the changes wrought by § 337, that the gist of the offense of kidnapping in Maryland is unlawful confinement coupled with transportation of the victim. Cf. Collier v. Vaccaro, 51 F.2d 17, 19 (4th Cir. 1931). The initial assaultive taking of the person and the carrying out of the state required at common law are not part of the § 337 offense.””
2 later decisions quote this exact passage · from the majority“This issue of third party consent was addressed under strikingly similar circumstances by this Court in Jones v. State, 13 Md.App. 309 , 283 A.2d 184 (1971), cert. denied, 264 Md. 749 (1972). In that case the mother of a 20-year-old defendant gave permission for a search of his bedroom. There, as here, the mother testified that her son’s bedroom was his alone, but that he paid no rent. The Court found as dispositive, in upholding the validity of the search, the fact that: “Appellant’s mother had the sole control, power and superior right to exclude others, including the appellant, from her home, and also from the very bedroom that the appellant used. It was her free and voluntary choice to allow the police to search her house.” Id., 13 Md.App. at 315 [ 283 A.2d 184 ] (citations omitted). While it is true that in Jones the defendant was present and offered no objection when consent for the search was given, we do not consider that fact significant. What is crucial and dispositive, in our view, is that Harper possessed not only a common authority with Tate over the searched premises, but in fact possessed superior authority under these circumstances, including the right to exclude him from the premises.”
1 later decision quote this exact passage · from the majoritye.g. Owens v. State
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.