Moore v. State’s Empirical Analysis

Citation profile

35 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(d) Waiver by Inaction — Circuit Court. — If a defendant appears in circuit court without counsel on the date set for hearing or trial, indicates a desire to have counsel, and the record shows compliance with section (a) of this Rule, either in a previous appearance in the circuit court or in an appearance in the District Court in a case in which the defendant demanded a jury trial, the court shall permit the defendant to explain the appearance without counsel. If the court finds that there is a meritorious reason for the defendant’s appearance without counsel, the court shall continue the action to a later time and advise the defendant that if counsel does not enter an appearance by that time, the action will proceed to trial with the defendant unrepresented by counsel. If the court finds that there is no meritorious reason for the defendant’s appearance without counsel, the court may determine that the defendant has waived counsel by failing or refusing to obtain counsel and may proceed with the hearing or trial.”

   4 later decisions quote this exact passage
   e.g. 173 Md. App. 246 - Knox v. State · Mitchell v. State

2. ““(W]hat the rule mandates is that the defendant be allowed an opportunity to explain the reason for appearance without counsel ‘sufficient to allow the court to determine whether the reason is meritorious.’ We believe, however, that the record must also be sufficient to reflect that the court actually considered those reasons. * * * * * * * While the rule does not require the conduct of an inquiry in any particular form, this does not mean that the court may ignore information relevant to whether the petitioner’s inaction constitutes waiver; the court is not relieved of the obligation to make such inquiry as is required to permit it to exercise discretion required by the rule.””

   4 later decisions quote this exact passage
   e.g. Mitchell v. State · Gray v. State

3. “THE COURT: Sir, obviously you understand that you have the right of representation to counsel? THE DEFENDANT: Yes, sir. THE COURT: But we can’t postpone these cases or continue these cases indefinitely for you to obtain counsel. We are not going to postpone it any further. It is going to go to trial. The court finds that you have waived your right of counsel. THE DEFENDANT: I have no attorney. I don’t have any lawyer here. THE COURT: Well, sir, you have — you had since whatever time that you were arrested until the other day to get a lawyer and finish making the payments, and it hasn’t been done. THE DEFENDANT: I just started working. I have my pay stubs. THE COURT: Sir, that’s fine. I’m sorry. I’m sorry for the problems and difficulties, but if you run into financial difficulty that does not permit you to hire the attorney you desire, you should qualify—you should seek to qualify for the services of the Public Defender. THE DEFENDANT: If I’m not mistaken, they had told me that by me and my wife working, that we weren’t eligible. THE COURT: Then you have to make other arrangements, sir. I can understand your circumstances and I can understand the situation that you face, but at the same time these cases have to be tried. We cannot wait indefinitely on each individual to decide when they are going to make the final payment to the attorney to hire them. And this case is going to trial, sir.”

   1 later decision quote this exact passage
   e.g. 145 Md. App. 348 - Blackston v. Blackston