Smith v. State’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a defendant may only be convicted of an uncharged lesser included offense if it meets the elements [i.e., required evidence] test,”

   2 later decisions quote this exact passage
   e.g. 238 Md. App. 295 - Middleton v. State · Williams v. State

2. “This Court has addressed inconsistent verdicts several times in recent years. Until 2008, we joined most jurisdictions in following the “normal” rule that inconsistent verdicts were generally acceptable. Price v. State, 405 Md. 10, 19 , 949 A.2d 619, 624 (2008). By 2008, however, we had also identified a wide variety of exceptions to that rule. For example, seemingly inconsistent verdicts by a trial judge in a non-jury trial were, and still are, only acceptable if the trial judge explains the apparent inconsistency on the record. Williams, 397 Md. at 189-90 , 916 A.2d at 305 ; Johnson v. State, 238 Md. 528, 544-15 , 209 A.2d 765, 772 (1965). Inconsistent verdicts were unacceptable in criminal trials when the judge rendered guilty verdicts that were inconsis tent with non-guilty verdicts rendered by the jury. Galloway v. State, 371 Md. 379, 401 , 809 A.2d 653, 667 (2002).”

   1 later decision quote this exact passage
   e.g. 193 Md. App. 238 - Hickman v. State

3. “As used in this section, the term "crime of violence” means abduction; arson in the first degree; kidnapping; manslaughter, except involuntary manslaughter; mayhem and maiming, as previously proscribed under §§ 384, 385, and 386 of this article; murder; rape; robbery under § 486 or § 487 of this article; carjacking or armed carjacking; sexual offense in the first degree; sexual offense in the second degree; use of a handgun in the commission of a felony or other crime of violence; an attempt to commit any of the aforesaid offenses; assault in the first degree; and assault with intent to murder, assault with intent to rape, assault with intent to rob, assault with intent to commit a sexual offense in the first degree, and assault with intent to commit a sexual offense in the second degree, as these crimes were previously proscribed under former § 12 of this article,”

   1 later decision quote this exact passage
   e.g. 220 Md. App. 27 - Williams v. State