State v. Brown’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is obvious that the nol pros in the case at bar did not have the necessary effect of an attempt to circumvent the requirements of § 591 and Rule 4-271. If the case had not been nol prossed on October 5,1993, there would have been 43 days before the expiration of the 180-day period. In this respect, the case is very much like the Glenn case. During this 43-day period, the State’s Attorney’s office may have been able to expedite the DNA testing and obtain the results so that trial of the case could have begun before the deadline. Alternatively, the State’s Attorney’s office may have obtained from the administrative judge, in accordance with § 591 and Rule 4-271, a good cause postponement of the trial to a date beyond the 180-day period. There was clearly a basis for such postponement.””

   3 later decisions quote this exact passage
   e.g. 117 Md. App. 357 - Ross v. State · State v. Price

2. ““Unlike the situation in Curley , the necessary effect of the nol pros in these cases was not to circumvent § 591 and Rule 746. November 17, 1981, which was the assigned trial date and the date of the nol pros, was only 123 days after the arraignment and first appearance of counsel. If the cases had not been nol prossed, trial could have proceeded on November 17th. If the cases had not been nol prossed, and if for some reason trial had not proceeded when the cases were called on November 17th, there remained fifty-seven days before the expiration of the 180-day deadline. In Curley , if the cases had not been nol prossed on the 180th day, it necessarily would have been dismissed for a violation of § 591 and Rule 746. This is not the situation in the present cases. The effect of the nol pros in the present cases was not necessarily to evade the requirements or sanction of § 591 and Rule 746.””

   2 later decisions quote this exact passage
   e.g. 117 Md. App. 357 - Ross v. State · State v. Price

3. “[U]nder the holding in Curley , a nol pros has the “necessary effect” of an attempt to circumvent the requirements of § 591 and Rule 4-271 when the alternative to the nol pros would be a dismissal of the case for failure to commence trial within 180 days. When compliance with the requirements of § 591 and Rule 4-271 is, as a practical matter, no longer feasible, then a nol pros and later refiling of the same charges has the “necessary effect” of an attempt to circumvent the requirements of the statute and the rule. Otherwise, under the teaching of the Curley case, it does not. * * % The Glenn decision makes it clear ... that a nol pros will have the “necessary effect” of an attempt to evade the requirements of § 591 and Rule 4-271 only when the alternative to the nol pros would have been dismissal with prejudice for noncompliance with § 591 and Rule 4-271.”

   2 later decisions quote this exact passage
   e.g. State v. Huntley · 117 Md. App. 357 - Ross v. State