Carter v. State’s Empirical Analysis

Citation profile

63 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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]hether the reference ... was repeated or whether it was a single, isolated statement; whether the reference was solicited by counsel, or was an inadvertent and unresponsive statement; whether the [person] making the reference is the principal witness upon whom the entire prosecution depends; whether credibility is a crucial issue; and whether a great deal of other evidence exists.”

   5 later decisions quote this exact passage
   e.g. 230 Md. App. 450 - Jackson v. State · 191 Md. App. 48 - Washington v. State

2. “It is well-settled that a decision to grant a mistrial lies within the sound discretion of the trial judge and that the trial judge's determination will not be disturbed on appeal unless there is abuse of discretion.”

   2 later decisions quote this exact passage
   e.g. State v. Baker · 152 Md. App. 488 - Hudson v. State

3. ““The declaration of a mistrial is an extraordinary act which should only be granted if necessary to serve the ends of justice.” This Court has recognized that granting a motion for a mistrial lies within the discretion of the trial judge. The trial judge, who hears the entire case and can weigh the danger of prejudice arising from improper testimony is in the best position to determine if the extraordinary remedy of a mistrial is appropriate. We will not reverse a trial court’s denial of a motion for mistrial unless the defendant was so clearly prejudiced that the denial constituted an abuse of discretion.”

   1 later decision quote this exact passage
   e.g. 151 Md. App. 64 - Behrel v. State