40 Md. App. 399 - Biddle v. State’s Empirical Analysis

Citation profile

3 federal appellate · 19 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ... the trial court [may not] proceed with the trial on the merits until there has been compliance with Rule 735 d, i.e., a determination on the record of a knowing and intelligent waiver of the right to trial by jury. Cf. Davis v. State, 278 Md. 103 , 361 A. 2d 113 (1976). A waiver of a constitutional right must appear affirmatively in the record, Boykin v. Alabama, 395 U. S. 238 , 89 S. Ct. 1709 , 23 L.Ed.2d 274 (1969)”

   3 later decisions quote this exact passage · from the dissent
   e.g. 41 Md. App. 667 - McCoy v. State · 41 Md. App. 649 - Countess v. State

2. ““after inquiry of the defendant on the record, that the defendant has made his election for a court trial with full knowledge of his right to a jury trial and that he has knowingly and voluntarily waived the right.” Md. Rule 735 d.”

   3 later decisions quote this exact passage · from the dissent
   e.g. Datcher v. State · 41 Md. App. 667 - McCoy v. State

3. ““Because the record in the case sub judice unequivocally shows a non-compliance with Md. Rule 735 d, the trial on the merits should not have proceeded. Ergo, the judgment must be reversed and the case remanded for a new trial.””

   1 later decision quote this exact passage · from the dissent
   e.g. Tucker v. State