46 Md. App. 536 - Dean v. State’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We think, however, that when the list of 101 venire [persons] was exhausted before the defense had exercised its agreed upon peremptory challenges, the court should have granted appellant’s challenge to the “second” panel of prospective jurors and commenced the selection process anew with a sufficient number of prospective jurors to allow the parties to exercise the peremptory challenges permitted by the [applicable rule]____ [T]o require the remaining chai lenges to be made from a hitherto unknown list of prospective jurors deprived the appellant of the right of “informed and comparative rejection[,”] Spencer v. State, supra, at 208, 314 A.2d 727 , and to that extent impaired his right to the use of peremptory challenges. Such impairment, we think, requires that the judgments in this case be reversed as a denial of due process. Spencer v. State, supra; see also Swain v. Alabama, 380 U.S. 202 [, 85 S.Ct. 824 , 13 L.Ed.2d 759 ] (1965), where the Supreme Court recognized that the right of comparative rejection is an important part of the right to peremptory challenges and that, “the denial or impairment of the right [to challenge] is reversible error without a showing of prejudice.””

   1 later decision quote this exact passage · from the majority
   e.g. 111 Md. App. 208 - Booze v. State