43 Md. App. 329 - Stone v. State’s Empirical Analysis

Citation profile

32 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[W]e conclude that in the absence of express statutory authority, confinement in a jail-type institution, such as the Anne Arundel County Detention Center, is not an authorized condition of probation. Probation by its very nature implies the absence of incarceration. In fact, Article 41, section 107(f) of the Code defines probation as ‘the conditional exemption from imprisonment allowed any prisoner by suspension of sentence in the circuit court for any county of this State or in the Criminal Court of Baltimore.’ ””

   2 later decisions quote this exact passage · from the majority
   e.g. NUCKLOES v. Com. · Bailey v. State

2. “In Finnegan v. State, 4 Md.App. 396 [ 243 A.2d 36 ] (1968) this court said: “The validity of conditions of probation as set forth in the original sentence may be determined on appeal from the original judgment, Bird v. State, 231 Md. 432, 437-438 [ 190 A.2d 804 ], but not on appeal from revocation of probation, because to do so would, in effect, permit a circumvention of McLRule 1012, which requires an appeal to be taken in thirty days.” Accord Coleman v. State, 231 Md. 220 , 189 A.2d 616 [ 189 A.2d 616 ] (1963). Because the instant case is not an appeal from the original judgment but an appeal from the revocation of probation, appellant, in view of Finnegan, supra, is entitled to no relief here. He is, however, not without a remedy. He may apply to the trial court for correction of an illegal sentence under Maryland Rule 774 a, or he may seek relief under the Uniform Post Conviction Procedure Act. See Smith v. State, 31 Md.App. 310 , 356 A.2d 320 (1976).”

   1 later decision quote this exact passage · from the majority
   e.g. 56 Md. App. 63 - Porreca v. State

3. “Where there is no explicit statutory authority to impose house arrest, either as a condition of probation or as a sentence independent of a probationary sanction, appellate courts may find that its imposition constitutes an abuse of judicial discretion. Judges have broad power to formulate conditions of probation, but that power is not unlimited. It is useful to draw an analogy to cases invalidating jail as a condition of probation in jurisdictions where incarceration is not authorized by statute. Lacking the inherent power to impose probation, some jurisdictions have been reluctant to apply harsh, unauthorized restrictions on probationers: jurisdictions holding that imprisonment is not a valid condition of probation generally rely on the lack of express statutory authority permitting such action.’”

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