Fuller v. State’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “does not affect the length of a sentence[,] . . . initiates a statutory cause of action separate from the conviction, and may be filed repeatedly `at any other time the defendant voluntarily agrees to participate in treatment.'”

   2 later decisions quote this exact passage
   e.g. Douglas v. State · 185 Md. App. 369 - Howsare v. State

2. “(a) In general.—Subject to the limitations in this section, a court that linds in a criminal case that a defendant has an alcohol or drug dependency may commit the defendant as a condition of release, after conviction, or at any other time the defendant voluntarily agrees to participate in treatment, to the Department for treatment that the Department recommends, even if: (1) The defendant did not timely file a motion for reconsideration under Maryland Rule 4-345; or (2) The defendant timely filed a motion for reconsideration under Maryland Rule 4-345 which was denied by the court. (b) Prerequisites.—Before a court commits a defendant to the Department under this section, the court shall: (1) Offer the defendant the opportunity to receive treatment; ' (2) Obtain the written consent of the defendant: (i) To receive treatment; and (ii) To have information reported back to the court; (3) Order an evaluation of the defendant under § 8-505 or § 8-506 of this subtitle; (4) Consider the report on the defendant’s evaluation; and (5) Find that the treatment that the Department recommends to be appropriate and necessary. (c) Reports of defendant’s records.—Immediately on receiving an order for treatment under this section, the Department shall order a report of all pending cases, warrants, and detainers for the defendant and forward a copy of the report to the court, the defendant, and the defendant’s last attorney of record. (d) Services.— (1) The Department shall provide the services”

   1 later decision quote this exact passage
   e.g. 185 Md. App. 369 - Howsare v. State

3. “Notice of Subsequent Proceedings. (a) In this section, “subsequent proceeding” includes: (1) a sentence review under § 8-102 of this article; (2) a hearing on a request to have a sentence modified or vacated under the Maryland Rules; (3) in a juvenile delinquency proceeding, a review of a commitment order or other disposition under the Maryland Rules; (4) an appeal to the Court of Special Appeals; (5) an appeal to the Court of Appeals; and (6) any other postsentencing court proceeding. (b) Following conviction or adjudication and sentencing or disposition of a defendant or child respondent, the State’s Attorney shall notify the victim or victim’s representative of a subsequent proceeding in accordance with § 11-104(e) of this title if: (1) before the State’s Attorney distributes notification request forms under § 11-104(c) of this title, the victim or victim’s representative submitted to the State’s Attorney a written request to be notified of subsequent proceedings; or (2) after the State's Attorney distributes notification request forms under § 11-104(c) of this title, the victim or victim's representative submits a notification request form in accordance with § 11-104(d) of this title. (c) (1) The State’s Attorney's office shall: (1) notify the victim or victim's representative of all appeals to the Court of Special Appeals and the Court of Appeals; and (ii) send an information copy of the notification to the office of the Attorney General. (2) After the initial notificati”

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