Khalifa v. State’s Empirical Analysis

Citation profile

2 federal appellate · 65 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The required evidence test focuses upon the elements of each offense; if all of the elements of one offense are included in the other offense, so that only the latter offense contains a distinct element or distinct elements, the former merges into the latter. Snowden v. State, supra, 321 Md. [612] 617, 583 A.2d [1056] 1059 [(1991)], quoting State v. Jenkins, 307 Md. 501, 517 , 515 A.2d 465, 473 (1986). Stated another way, the required evidence is that which is minimally necessary to secure a conviction for each ... offense. If each offense requires proof of a fact which the other does not, or in other words, if each offense contains an element which the other does not, there is no merger under the required evidence test even though both offenses are based upon the same act or acts. But, where only one offense requires proof of an additional fact, so that all elements of one offense are present in the other, and where both offenses are based on the same act or acts ... merger follows. Williams v. State, supra, 323 Md. [312] 317-318, 593 A.2d [671] 673 [(1991)], quoting in part Thomas v. State, 277 Md. 257, 267 , 353 A.2d 240, 246-47 (1976). 332 Md. at 391-92 , 631 A.2d at 456-57 (internal quotation[ ] marks omitted). The required evidence test is the “threshold” test and, if it is met, merger follows as a matter of course. Id. at 394 , 631 A.2d at 458 . (Footnote omitted.)”

   1 later decision quote this exact passage
   e.g. Nicolas v. State

2. “The concept of “continuing offense” has embraced such crimes as embezzlement, State v. Thang, 188 Minn. 224 , 246 N.W. 891 (1933), bigamy, Cox v. State, 117 Ala. 103 , 23 So. 806 (1898), nuisance, State v. Dry Fork R. Co., 50 W.Va. 235 , 40 S.E. 447 (1901), and the repeated failure to pay taxes, United States v. Sullivan, 255 F.3d 1256 (10th Cir.2001). Courts also have determined that “continuing offenses” include failing to register as a sex offender, Arizona v. Helmer, 203 Ariz. 309 , 53 P.3d 1153, 1155 (2002), and being a deported alien found in the United States, United States v. Ramirez-Valencia, 202 F.3d 1106, 1110 (9th Cir.2000). We have held that the crime of failing to pay child support is a continuing offense. State v. James, 203 Md. 113, 119 , 100 A.2d 12, 14 (1953).”

   1 later decision quote this exact passage
   e.g. State v. Flatt

3. ““When a claim is based upon a violation of a constitutional right it is our obligation to make an independent constitutional appraisal from the entire record. But this Court is not a finder of facts; we do not judge the credibility of the witnesses nor do we initially weigh the evidence to determine the facts underlying the constitutional claim. It is the function of the trial court to ascertain the circumstances on which the constitutional claim is based. So, in making our independent appraisal, we accept the findings of the trial judge as to what are the underlying facts unless he is clearly in error. We then re-weigh the facts as accepted in order to determine the ultimate mixed question of law and fact, namely, was there a violation of a constitutional right as claimed.””

   1 later decision quote this exact passage
   e.g. 219 Md. App. 259 - Twigg v. State