State v. Waine’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under the Constitution and laws of the State, the jury in a criminal case is the judge of both the law and the facts and anything I say to you about the law is advisory only. It is intended to help you, but you are at liberty to reject the Court’s advice on the law and to arrive at your own independent conclusion on it, if you desire to do so.”

   2 later decisions quote this exact passage
   e.g. State v. Adams-Bey · 231 Md. App. 285 - Calhoun-El v. State

2. “Madam Foreman, Ladies and Gentlemen of the jury, at this point in the proceedings I am required to advise you concerning the law in this case. I purposely use the term “advise” since in a criminal case, under Maryland law, you are the judges of both the law and the facts. However, I wish foremost to impress upon you that you should not reach any conclusion from anything that I have said or may say from my tone of voice or manner in saying it, that I have an opinion as to the guilt or innocence of the accused. This decision is yours to make, solely, based upon the facts derived from the competent testimony which has been presented for your consideration as applied to the law as you find it to be. In this regard, should court and counsel appear to differ as to [the] lain which is applicable, you should apply the law as you find it to be, not as you think it should be. And during this process you are not privileged to make new law. In arriving at your verdict, you’re advised that in this State an accused is entitled throughout the entire proceedings to the presumption of innocence. The burden constantly rests upon the State to convince you beyond a reasonable doubt and to a moral certainty of every fact material to the guilt of the accused, including every circumstance that enters into [the] grade or the degree of the crime charged. You’re further advised that the burden is on the State to prove beyond a reasonable doubt not only that the offense was committed but also it was th”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Adams-Bey

3. “As the Majority indicates, instructions are “advisory” where a trial court instructs the jurors that they are the judges of the law, and the trial court fails to instruct the jury that the trial court’s instructions on matters other than the law of the crime, such as the State’s burden of proof and the presumption of innocence, are binding—ie., not advisory. Thus, for example, in my view, where a trial court instructs a jury that the trial court’s instructions on the law of the crime are “advisory only,” but that all of the trial court’s other instructions are binding, such instructions would not be deemed “advisory instructions” of the type that Unger proscribes.”

   1 later decision quote this exact passage
   e.g. 231 Md. App. 285 - Calhoun-El v. State