Laney v. State’s Empirical Analysis

Citation profile

58 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. ““When a mortgagor loses the right to possess foreclosed property but fails to vacate the premises, the purchaser of that property, in lieu of actually taking possession, may seek a court order to remove the holdover mortgagor.... Maryland Rule llp-102(a) provides the right to use judicial process to acquire actual possession of an occupied premises. ... When the landowner receives such a judgment awarding possession, upon the landowner’s request, the ‘clerk [of the court] shall issue a writ directing the sheriff to place [the landowner] in possession of the property.’ Maryland Rule 3-647. Although this judicial process may be used to oust a mortgagor who no longer is entitled to possession, the use of the term ‘may’ in Rule 14-102(a) ... reflects the fact that the ouster process is not mandatory to obtain possession of the purchased property. In other words, seeking the court’s assistance in dispossessing the holdover mortgagor is only one option available to the purchaser to obtain possession from a holdover mortgagor. Failure to exercise that option does not undermine the mortgagee’s ownership of the property nor the right to possession. Rather, a purchaser with the right to possess property may take possession of that property peacefully without the court’s assistance---- The right of peaceable self-help, therefore, is a viable mechanism for a title owner of property to obtain actual possession of real property from a holdover mortgagor.””

   1 later decision quote this exact passage
   e.g. Empire Properties, LLC v. Hardy

2. ““An appellate court, however, under an independent de novo review standard, must consider the application of the law to those facts in determining whether the evidence at issue was obtained in violation of the law, and, accordingly, should be suppressed.””

   1 later decision quote this exact passage
   e.g. 230 Md. App. 640 - State v. Sizer

3. “The burden consists of two inquiries: (1) whether the individual has a subjective expectation that his or her property or possessions will not be searched, and (2) whether the expectation is objectively reasonable under the circumstances.”

   1 later decision quote this exact passage
   e.g. 170 Md. App. 149 - State v. Savage