Marshall v. State’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[ ][Defense counsel] himself said that, again testifying for ... Marshall, he said he’s a cocaine addict. Now, ... Marshall did not take the stand so I ask you to take that with a great deal of caution when [defense counsel] tries to indicate a health problem for ... Marshall because there’s no evidence of that whatsoever. [ ]What [defense counsel] is trying to do, he is trying to create doubt in your mind. He’s trying to disguise the facts, make you ignore the facts and shroud what’s right before you. The State has presented ample evidence of ... Marshall’s guilt as to felony ... There is no doubt in my mind to that ...[.] [ ]A very fair way to explain ... reasonable doubt is if you imagine you’re doing a jigsaw puzzle ... But regardless at some point as you’re putting together your jigsaw puzzle, without ever having seen the picture, you will know what the picture is before all the pieces are in place. You will know ... what the picture is even though you don’t have all the pieces. [ jThere are several pieces we don’t have. We don’t have ... Marshall’s thoughts!,] but we do have so many other pieces and when you put those pieces together, they spell out guilty. [ ]”

   2 later decisions quote this exact passage
   e.g. Choate v. State · Simpson v. State

2. ““A common misperception notwithstanding — that statutory or constitutional provisions that are ‘in pari materia’ with one another must be construed in a like manner — we said that ‘simply because a Maryland constitutional provision is in pari materia with a federal one ... does not mean that the provision will always be interpreted or applied in the same manner as its federal counterpart.’ ... Not inconsistent then with the phrase, ‘in pari materia, ’ ‘we have ... interpreted Maryland’s privilege against self-incrimination ... to be more comprehensive than that contained in the federal Bill of Rights.’ ””

   1 later decision quote this exact passage · from the concurrence
   e.g. Derr v. State

3. “The Judge has said that you can look backwards in this case. Look to see who ends up with the property and then you can work backwards and here if the recent unexplained possession of stolen property allows you to work backwards to conclude, hey, this guy was the thief, this guy was the burglar. In making that conclusion, ask yourself this. What explanation has been given to us by the defendant for having the leather goods? Zero, none.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Choate v. State