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← 324 Md. 441 - Powell v. State

Powell v. State’s Empirical Analysis

1991

Citation profile

26
cited by 26 later decisions
1
states following
January 2022
most recently cited

26 state decisions

How this case has been cited

Cited by 26 later decisions — most recently January 2022 · most notably Robinson v. State (1999), Gray v. State (2002)

26 state decisions

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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 Chambers v. Mississippi · Green v. Georgia · Cooper v. Reynolds · Mitchell v. Texas · Pulley v. State

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

  1. “[S]ufficient indicia of reliability were present to assure the proffered testimony’s trustworthiness. The husband’s threat was made spontaneously during an argument with the victim over the payment of rent, and was a statement against interest. The victim’s extrajudicial statement was made spontaneously at a time when she was excited, and under circumstances in which she had no reason to lie. Additionally, her extrajudicial statement was made shortly before the murder to a close acquaintance with whom she had previously exchanged information about tenants. Both the accused’s husband’s threat and the victim’s extrajudicial statement were corroborated by other evidence — the accused’s husband’s two written confessions, the accused’s testimony that her husband was present at the time of the commission of the crime, and the accused’s husband’s testimony that he cleaned up the room in which the murder took place, removed and disposed of the body, and shared in the proceeds of the robbery. Finally, if there was any question about the reliability of either the husband’s or the victim’s extrajudicial statements, the accused’s husband was present in the courtroom, under oath, and was available for cross-examination by the State before the jury. Thus, the testimony rejected by the trial court bore persuasive assurances of trustworthiness. Under the circumstances here, the accused’s constitutional right to call a witness in her own behalf, a right that directly affected the ascertainmen”
    1 later decision quote this exact passage
  2. “Circuit courts of this state ... derive their jurisdiction from Maryland Constitution, Art. IV, § 20. They are courts of original general jurisdiction, see Birchead v. State, 317 Md. 691, 697 , 566 A.2d 488, 491 (1989), First Federated Com. Tr. [v. Commissioner ], 272 Md. [329,] 335 [ 322 A.2d 539 (1974) ], authorized to hear all actions and causes, other than those particularly prescribed by statute or constitutional provision for other fora. Id. More particularly, pursuant to Maryland Cts. & Jud. Proc.Code Ann. § 1-501 (1973, 1989 Repl. Vol.), they are the highest common-law and equity courts of record exercising original jurisdiction within the State. Each has full common-law and equity powers and jurisdiction in all civil and criminal cases within its county, and all the additional powers and jurisdiction conferred by the Constitution and by law, except where by law jurisdiction has been limited or conferred exclusively upon another tribunal.”
    1 later decision quote this exact passage
  3. “[There] is no corroboration that Uggy Wright participated in the crime or was at or near the scene, at or about the time the murder occurred. Furthermore, the trial court specifically determined that the statements were not trustworthy. That factual issue is, in the first instance, properly entrusted to the trial court. See Brady v. State, 226 Md. 422, 429 , 174 A.2d 167, 171 (1963). We perceive no error in that regard. Finally, Uggy Wright was not available to testify under oath, the reasons for which petitioner did not explain. Therefore, under the circumstances of this case, “the hearsay testimony proffered in this case [being] neither ‘critical’ nor particularly ‘reliable,’” Powell [ v. State, 85 Md.App. 330, 343 , 583 A.2d 1114 (1991) ], was properly excluded.”
    1 later decision quote this exact passage

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.