Redman v. State’s Empirical Analysis

Citation profile

53 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As in the presumed prejudice cases, the Supreme Court has found an error to be structural and subject to automatic reversal in a very limited number of cases. Moreover, in those cases where the Supreme Court, and indeed other courts, have found structural error mandating automatic reversal, the errors appear to be of constitutional magnitude. Such defects include a defective reasonable doubt instruction, racial discrimination in grand jury selection, denial of a public trial, total deprivation of counsel, and a judge who is not impartial. (Citations omitted.)”

   4 later decisions quote this exact passage · from the dissent
   e.g. 177 Md. App. 1 - Alston v. State · 180 Md. App. 1 - Lancaster v. State

2. ““In all other cases of presentment or indictment, and in all suits or actions at law or issues from the Orphans’ Court pending in any of the courts of law in this State which have jurisdiction over the cause or case, in addition to the suggestion in writing of either of the parties to the cause or case that the party cannot have a fair and impartial trial in the court in which the cause or case may be pending, it shall be necessary for the party making the suggestion to make it satisfactorily appear to the court that the suggestion is true, or that there is reasonable ground for the same; and thereupon the court shall order and direct the record of the proceedings in the cause or case to be transmitted to some other court, having jurisdiction in the cause or case, for trial. The right of removal also shall exist on suggestion in a cause or case in which all the judges of the court may be disqualified under the provisions of this Constitution to sit. The court to which the record of proceedings in such suit or action, issue, presentment or indictment is transmitted, shall hear and determine that cause or case in the same manner as if it had been originally instituted in that Court. The General Assembly shall modify the existing law as may be necessary to regulate and give force to this provision.””

   2 later decisions quote this exact passage · from the dissent
   e.g. 155 Md. App. 247 - Hoffman v. Stamper · Pantazes v. State

3. “[In Cronic , t]he [Supreme] Court identified three situations implicating the right to counsel that involved circumstances [that were] so likely to prejudice the [petitioner] that the cost of litigating their effect in a particular case is unjustified. The first situation was where the [petitioner] was completely denied counsel. Complete denial of counsel includes, for example, when counsel was either totally absent, or prevented from assisting the [petitioner] during a critical stage of the proceeding. The second situation warranting a similar presumption of prejudice was if counsel entirely fails to subject the prosecution's case to meaningful adversarial testing[,] because this results in an adversary process itself that is presumptively unreliable. The final situation was ... where the [petitioner] faces circumstances in which it is not likely that any attorney could provide effective assistance. With the exception of these three situations, a [petitioner] must articulate how specific errors of counsel undermined the reliability of the finding of guilt, i.e. , the [petitioner] must prove [ ] prejudice.”

   2 later decisions quote this exact passage
   e.g. Walker v. State · Ramirez v. State