40 Md. App. 382 - Gainer v. State’s Empirical Analysis
1978
Citation profile
32 state decisions
How this case has been cited
Cited by 32 later decisions — most recently October 2010 · most notably Burch v. State (1997), State v. WJB (1981)
32 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Gooding v. United States · Beard v. United States · Bruce v. State · 172 So. 2d 824 - Hedges v. State · United States v. Peterson
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is the duty of the defendant to retreat or avoid danger if the means to do so are within his power and consistent with his safety; but if the peril is so imminent that he cannot safely retreat, he has a right to stand his ground and defend himself.”
2 later decisions quote this exact passage · from the majority“It is not now and never has been the law that a man assailed in his own dwelling is bound to retreat. If assailed there, he may stand his ground and resist the attack. He is under no duty to take to the fields and the highways, a fugitive from his own home . . .. Whither shall he flee, and how far, and when may he be permitted to return?”
1 later decision quote this exact passage · from the majority“One aspect of that law is the duty that one has “to retreat or avoid danger if such means [are] within his power and consistent with his safety” and, ordinarily, to invoke the defense successfully, the defendant must show that it was not possible to retreat safely, either at all or any farther than he had.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.