33 Md. App. 445 - Kidd v. State’s Empirical Analysis

Citation profile

28 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Nor do we see anything logically persuasive in the suggestion by the State that the appellant must specify that he is objecting on the grounds of traditional involuntariness before he is entitled to a hearing on that issue. Although the case law, here and elsewhere, has of late been almost totally monopolized by Miranda considerations, the more basic criteria have not been superseded or obliterated. When a defendant objects to a statement offered against him in chief, he is not required to specify that he is objecting on basic constitutional grounds rather than objecting exclusively upon Miranda grounds. 366 A.2d at 775 .”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Washington · State v. Washington

2. “The root problem giving rise to the present appeal is the failure to appreciate that in 1966 the warning and waiver requirements mandated by Miranda v. Arizona ... did not supersede preexisting constitutional law on the admissibility of confessions; the requirements of Miranda simply superimposed additional criteria for admissibility upon that preexisting law. Distracted by the glitter of this new surface layer of quasi-constitutionality, our case law has tended to ignore the substratum of pre-Miranda law which lies undisturbed in bedrock immutability beneath the more volatile overlay of Miranda.”

   1 later decision quote this exact passage · from the majority
   e.g. Hof v. State

3. ““1. Must the Defendant Interpose an Objection?— Yes.” 33 Md.App. at 456 , 366 A.2d 761 “2. Is a Bare Objection Enough?—Yes.” 33 Md.App. at 456-457 , 366 A.2d 761 “3. Are a Hearing and a Judicial Ruling Required?— Yes.” 33 Md.App. at 457-459 , 366 A.2d 761 “4. What is the Constitutional Test?—Voluntariness.” 33 Md.App. at 459-465 , 366 A.2d 761 “5. What is the Burden of Proof?—A Preponderance of the Evidence.” 33 Md.App. at 465 , 366 A.2d 761 “6. To Whom is the Burden Allocated?—The State.” 33 Md.App. at 465-466 , 366 A.2d 761”

   1 later decision quote this exact passage · from the majority
   e.g. Holmes v. State