Owens v. State’s Empirical Analysis

Citation profile

90 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 90 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]hen and where it occurred, how long it lasted, how many police were present, what the officers and the defendant said and did, the presence of actual physical restraint on the defendant or things equivalent to actual restraint such as drawn weapons or a guard stationed at the door, and whether the defendant was being questioned as a suspect or as a witness. Facts pertaining to events before the interrogation are also relevant, especially how the defendant got to the place of questioning!],] whether he came completely on his own, in response to a police request or escorted by police officers. Finally, what happened after the interrogation!],] whether the defendant left freely, was detained or arrested may assist the court in determining whether the defendant, as a reasonable person, would have felt free to break off the questioning.”

   6 later decisions quote this exact passage · from the majority
   e.g. State v. Thomas · Aguilera-Tovar v. State

2. “... [I]t is evident that voir dire questions regarding minimum statutory qualifications are not always “redundant and unnecessary.” In fact, our cases ruminate that the pre-voir dire processes of screening out disqualified jurors are not fail-safe. We are persuaded, and so hold, that it is in the better interests of justice to require trial judges to pose voir dire questions directed at exposing constitutional and statutory disqualifications when requested by a party.”

   3 later decisions quote this exact passage
   e.g. Moore v. State · Kegarise v. State

3. “(a) Generally. In the circuit court a defendant having a right to trial by jury shall be tried by a jury unless the right is waived pursuant to section (b) of this Rule. If the waiver is accepted by the court, the State may not elect a trial by jury. (b) Procedure for acceptance of waiver. A defendant may waive the right to a trial by jury at any time before the commencement of trial. The court may not accept the waiver until, after an examination of the defendant on the record in open court conducted by the court, the State’s Attorney, the attorney for the defendant, or any combination thereof, the court determines and announces on the record that the waiver is made knowingly and voluntarily.”

   2 later decisions quote this exact passage · from the majority
   e.g. 193 Md. App. 426 - Aguilera v. State · 213 Md. App. 195 - Banks v. State