42 Md. App. 546 - Davis v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““M.D.R. 723a obviously has no extraterritorial effect as a matter of law. Its provisions do not purport to tell law enforcement officers outside the State what to do — whether the officers be employed by Maryland or some other state. When a Maryland officer obtains custody of a person outside of Maryland his duties with respect to that person are, while he is still without Maryland’s boundaries, not governed at all by M.D.R. 723a because, as we said, the rule has no extraterritorial effect. Whatever duty the custodial officer may have to return his prisoner to Maryland for prompt presentment to a Maryland judicial officer derives not from M.D.R. 723a but from the common law or from constitutional considerations of due process, or from the implications of the Uniform Criminal Extradition Act (Md. Ann.Code, 1957, 1978 repl. vol., Art. 41, § 16-43). None of these sources provide a per se exclusionary sanction for their violation such as the Court of Appeals has imposed [in Johnson] for the violation of M.D.R. 723a.””

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

2. ““a neutral judicial officer must determine whether sufficient probable cause exists for the continued detention of the defendant.... [A] commissioner at the initial appearance [will] make a determination of the defendant’s eligibility for pretrial release.... [T]he initial appearance [will] inform the accused of every charge brought against him and ... inform him of his right to counsel, and, if indigent, to have counsel appointed for him.... Further, where the defendant has been charged with a felony over which the District Court lacks subject matter jurisdiction, the commissioner conducting the initial appearance must notify the accused of his right ... to request a full preliminary hearing. If such a request is forthcoming, the commissioner must assign a date and time for the preliminary hearing____ Finally, where the crime is one within the District Court’s jurisdiction, the presiding judicial officer must fix the date for trial.””

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

3. ““4) Admissibility of such statements, vel non, must be answered on the facts of each case, upon consideration of: (a) the voluntariness of the statement, which is a threshold requirement; (b) compliance with the Miranda safeguards, which is important in determining whether the statements were obtained by exploitation of the illegal conduct; (c) other relevant factors, such as (i) the temporal proximity of the arrest and the confession; (ii) the presence of intervening circumstances; and (iii) ‘particularly, the purpose and flagrancy of the official misconduct.’ ” 29 Md. App. at 71-72 .”

   1 later decision quote this exact passage · from the majority
   e.g. 44 Md. App. 662 - Kennedy v. State