35 Md. App. 593 - Baker v. State’s Empirical Analysis
1977
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently May 2003
16 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 Pope v. Nebraska · United States v. Riccardi · Hall v. State · Bulluck v. State · United States v. Rappy
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When dealing with an instance of Past Recollection Recorded, the reason for the rigorous standards of admissibility is quite clear. Those standards exist to test the competence of the report or document in question. Since the piece of paper itself, in effect, speaks to the jury, the piece of paper must pass muster in terms of its evidentiary competence. Not so with Present Recollection Revived! By marked contrast to Past Recollection Recorded, no such testimonial competence is demanded of a mere stimulus to present recollection, for the stimulus itself is never evidence. Notwithstanding the surface similarity between the two phenomena, the difference between them could not be more basic. It is the difference between evidence and non-evidence. Of such mere stimuli or memory-prods, McCormick says, at 18, “[T]he cardinal rule is that they are not evidence, but only aids in the giving of evidence.” When we are dealing with an instance of Present Recollection Re vived, the only source of evidence is the testimony of the witness himself. The stimulus may have jogged the witness’s dormant memory, but the stimulus itself is not received in evidence.”
1 later decision quote this exact passage · from the majoritye.g. Germain v. State“When a party uses an earlier statement of his own witness to refresh the witness’ memory, the only evidence recognized as such is the testimony so refreshed; and the party may not put the statement in evidence, although the other side may do so, and apparently the jury may call for it, sua sponte.... Anything may in fact revive a memory: a song, a scent, a photograph, and allusion, even a past statement known to be false.”
1 later decision quote this exact passage · from the majoritye.g. Germain 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.