47 Md. App. 656 - Wise v. State’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “By blending the key clauses of these dissertations, we condense them to a workable rule that fully supports the anti-harassment function of collateral estoppel. When it appears substantially certain that a jury has already decided a fact essential to conviction in the accused's favor, “that particular fact” which was “necessarily determined” may not be relitigated at a subsequent trial for a separate crime.”

   1 later decision quote this exact passage · from the majority
   e.g. 57 Md. App. 325 - Myers v. State

2. “One of the purposes of the doctrine of collateral estoppel is to prevent prosecutors from purposefully using their powers to provide plural opportunities to convict an accused. Another is to encourage care in the preparation and presentation of the prosecutor's initial case in order to prevent relitigation[.]”

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

3. “"The fragrance is not affected by what we call the flower. The distinction does not turn upon the label applied by the trial judge. The critical question is whether the order contemplates an end of all prosecution of the defendant for the offense charged. Lee v. United States, 432 U.S. 23, 30 (1977).””

   1 later decision quote this exact passage · from the majority
   e.g. 49 Md. App. 605 - Erman v. State