Odum v. State’s Empirical Analysis

Citation profile

34 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Much like the Supreme Court has done in recognizing collateral estoppel as a form of constitutionally based double jeopardy, we recognize the collateral estoppel form of double jeopardy as a part of Maryland common law. We define collateral estoppel in the same way as is done in the federal constitutional context, and, in that regard, we have said that the “critical question to be confronted when considering the proper invocation of the principles of collateral estoppel is ‘whether an issue of ultimate fact has been previously determined in favor of the defendant.’ ” In other words, “if the verdict must have, by logical necessity, decided a particular fact in favor of a defendant, then the State will be barred by collateral estoppel principles from relitigating that fact.””

   1 later decision quote this exact passage
   e.g. Scriber v. State

2. “(b) Other Crimes, Wrongs, or Acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, common scheme or plan, knowledge, identity, or absence of mistake or accident.”

   1 later decision quote this exact passage
   e.g. Wagner v. State

3. “bringfing] in ‘out of left field’ the fact that on some other occasion the defendant committed a crime. The danger being guarded against is that such past behavior will be offered to show and will be used by a jury to conclude that the defendant has a propensity to commit crime.”

   1 later decision quote this exact passage
   e.g. Silver v. State