Moats v. Scott’s Empirical Analysis

Citation profile

44 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When a court imposes a sentence and then, acting under either § 641A(a)(l) or (3), suspends execution of all or part of that sentence in favor of probation, and later strikes the probation and directs execution of all or part of the previously suspended part of the sentence, the court does not, at that time reimpose all or any part of the sentence. The full sentence has already been imposed and does not need any reimposition. The effect of the court’s action is simply to lift the previously ordered suspension and direct execution of the now unsuspended part. In those rather rare situations in which the court, acting under § 641A (a)(1), has deferred imposition of sentence in favor of probation and later revokes the probation, it proceeds then to impose sentence for the first time.”

   1 later decision quote this exact passage
   e.g. 138 Md. App. 12 - Jones v. State

2. “A third option-one that is frequently used-is the “split sentence” provided for in § 641A(a)(3). That subsection allows a court to “impose a sentence for a specified period and provide that a lesser period be served in confinement, suspend the remainder of the sentence and grant probation for a period longer than the sentence but not in excess of 5 years.””

   1 later decision quote this exact passage
   e.g. 174 Md. App. 404 - Rankin v. State

3. “Moats explained that: One of the problems that lurks in this case ... arises from the supposition that, when a court imposes a sentence of imprisonment, immediately suspends execution of all or part of that sentence in favor of probation, and later revokes the probation and orders the defendant incarcerated, the court has, at that time,”

   1 later decision quote this exact passage
   e.g. 236 Md. App. 510 - Duncan v. State