State v. Harris’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A]n accused in a criminal prosecution has the absolute right to be present at every stage of trial from the time the jury is impaneled until it reaches a verdict or is discharged, and that includes the right to be present when there shall be any communication whatsoever between the court and the jury[,] unless the record affirmatively shows that such communications were not prejudicial or had no tendency to influence the verdict of the jury. We have often confirmed that fundamental principle ... [T]his right is absolute and ... a judgment of conviction ordinarily cannot be upheld if the record discloses a violation of the right. The kinds of communication that may be regarded as non-prejudicial ... are those that clearly do not pertain to the action or to a juror’s qualification to continue serving and that are of a purely personal nature.”

   2 later decisions quote this exact passage
   e.g. Grade v. State · State v. Hart

2. ““This Court has cautioned that the Maryland Rules ‘are not guides to the practice of law but precise rubrics established to promote the orderly and efficient administration of justice and [that they] are to be read and followed.’ Isen v. Phoenix Assur. Co. of New York, 259 Md. 564, 570 , 270 A.2d 476, 479 (1970) (quoting Brown v. Fraley, 222 Md. 480, 483 , 161 A.2d 128, 130 (1960)). As such, ‘[a] violation of one of these rules constitutes an error, normally, requiring such curative action or sanction as may be appropriate.’ Dove v. State, 415 Md. 727, 742 , 4 A.3d. 976, 984 (2010) (citing Noble v. State, 293 Md. 549, 557 , 446 A.2d 844, 848 (1982)). The mandate of Rule 4-326(d) is unambiguous: ‘The court shall notify the defendant and the State’s attorney of the receipt of any communication from the jury pertaining to the action ... before responding to the communication.’ See Black, 426 Md. at 341, 44 A.3d at 370. A failure to comply with its explicit mandate is error, and once such error is established, it only remains for this Court to determine whether that error was prejudicial to the defendant and, thus, requires reversal. Taylor v. State, 352 Md. 338, 354 , 722 A.2d 65, 72 (1998). ‘As the beneficiary of the error, the State has the burden of establishing that it was not prejudicial,’ and ‘[a] reversal of the ... conviction is required unless the record demonstrates that the trial court’s error in communicating with the jury ex parte did not prejudice the [defendant].’”

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

3. ““Rule 4-326(d) codifies these principles by providing that a court is ‘obliged to notify the defendant and the State’s Attorney of the receipt of [any juror or jury] communication before responding’ to it. Stewart, 334 Md. at 222 , 638 A.2d at 758 . ‘These prescriptions are mandatory, not directory. ...’ Id. We interpreted the Rule more recently in Winder v. State, 362 Md. 275, 322 , 765 A.2d 97, 122-23 (2001), summarizing its mandate as follows: ‘The rules governing communications between the judge and the jury are basic and relatively simple to adhere to in practice. If a judge receives a communication from the jury or wishes to communicate with the jury, he or she is required to notify the parties. The communication with the jury shall be made in open court on the record or shall be made in writing and the writing shall become part of the record.... [A] defendant has a recognized right to be present during communications between the judge and the jury during ... trial. These rules are not abstract guides. They are mandatory and must be strictly followed.’ ””

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