Newton v. State’s Empirical Analysis

Citation profile

44 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. There must be a legal error that has not been intentionally relinquished or abandoned by the appellant. 2. The error must be clear or obvious, and not subject to reasonable dispute. 3. The error must have affected the appellant's substantial rights, which in the ordinary case means that it affected the outcome of the proceedings. 4. If the previous three parts are satisfied, the appellate court has discretion to remedy the error, but it should exercise that discretion only if the error affects the fairness, integrity or reputation of judicial proceedings.”

   3 later decisions quote this exact passage
   e.g. 236 Md. App. 397 - Taylor v. State · 235 Md. App. 484 - Hallowell v. State

2. “If Robbins succeeds in such a showing [of a deficient performance], he then has the burden of demonstrating prejudice . That is, he must show a reasonable probability that , but for his counsel's unreasonable failure to file a merits brief, he would have prevailed on his appeal .”

   2 later decisions quote this exact passage
   e.g. 238 Md. App. 343 - State v. Thaniel · 241 Md. App. 276 - Gantt v. State

3. “need not (and should not) raise every nonfrivolous claim, but rather may select from among them in order to maximize the likelihood of success on appeal.”

   2 later decisions quote this exact passage
   e.g. 238 Md. App. 343 - State v. Thaniel · 241 Md. App. 276 - Gantt v. State