40 Md. App. 467 - Davis v. State’s Empirical Analysis

Citation profile

4 district · 4 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If the jury considering all the evidence, inculpatory and exculpatory, entertain a reasonable doubt of the defendant’s participation in the crime, they should acquit him. Thus a defendant is entitled to acquittal if the alibi testimony, taken into consideration with all the other evidence in the case, raises a reasonable doubt of guilt. But, in order to prove an alibi conclusively, the testimony must cover the whole time in which the crime by any possibility might have been committed and it should be rigid, it should be subjected to rigid scrutiny.1 *[ 1 ]”

   1 later decision quote this exact passage · from the majority
   e.g. Davis v. State

2. “It should be noted that there is no evidence before us pertaining to the “awareness” of appellant’s attorney; his decision not to object could have been based on tactical considerations. If this were the case, no relief would be available as it is well established that mere tactical errors are “not sufficient to constitute incompetency of counsel.” Hall v. Warden, 224 Md. 662, 665 (1961). [Davis v. State, 40 Md. App. 467, 471, n. 4 , 391 A. 2d 872 (1978).]”

   1 later decision quote this exact passage · from the majority
   e.g. Davis v. State