49 Md. App. 490 - Leuschner v. State’s Empirical Analysis

Citation profile

3 federal appellate · 6 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Turning to the facts of the present case, we conclude that the respondent was not ‘interrogated’ within the meaning of Miranda . It is undisputed that the first prong of the definition of ‘interrogation’ was not satisfied, for the conversation between Patrolmen Gleckman and McKenna included no express questioning of the respondent. Rather, that conversation was, at least in form, nothing more than a dialogue between the two officers to which no response from the respondent was invited. “Moreover, it cannot be fairly concluded that the respondent was subjected to the ‘functional equivalent’ of questioning. It cannot be said, in short, that Patrolmen Gleckman and McKenna should have known that their conversation was reasonably likely to elicit an incriminating response from the respondent. There is nothing in the record to suggest that the officers were aware that the respondent was peculiarly susceptible to an appeal to his conscience concerning the safety of handicapped children. Nor is there anything in the record to suggest that the police knew that the respondent was unusually disoriented or upset at the time of his arrest. “The case thus boils down to whether, in the context of a brief conversation, the officers should have known that the respondent would suddenly be moved to make a self-incriminating response. Given the fact that the entire conversation appears to have consisted of no more than a few offhand remarks, we cannot say that the officers should have known tha”

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

2. ““Whether police conduct is tantamount to a reinterrogation following Fifth Amendment invocation by request for counsel in the contemplation of Miranda , is also dependent upon the particular facts and circumstances of each case. Vines v. State, 285 Md. 369, 376 [ 402 A.2d 900 ] (1979). Here, although Leuschner’s version contradicted portions of the State’s case as to his request for an attorney as well as his advisement of rights, the judge simply did not believe him and did believe the State’s testimony. While his ruling was from a position of advantage, our own independent constitutionally required review of a cold record reveals clearly that his judgment was correct. That record reveals not a scintilla of compulsion, nor any indication that there were words (or actions which were their functional equivalent) which would have been reasonably likely to elicit an incriminating response. There was simply no interrogation by the police until well after Leuschner had, by his conduct, words and actions, waived the prior invocation of his right to have counsel present.” 49 Md.App. at 496-97 , 433 A.2d 1195 .”

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

3. ““Perhaps because he recognized discrepancies within his interviews, during the late afternoon of the day of his arrest, Leuschner asked for an attorney. This request was not specified in regard to the fugitive warrant under which he was detained, but was obviously in regard to the Rusty Marine questioning. The police offered Leuschner the use of the telephone (already next to him) to call an attorney or, in the alternative, offered to call an attorney for him. Leuschner neither called nor requested assistance but asked rather to see his paramour, Betty Larmore, who was in the next room and who was immediately brought into the interrogation area. Without the slightest instigation by the police officers, Leuschner continued his conversation, talking first to Ms. Larmore in the presence of the officers and subsequently joining them in his conversation.” 49 Md.App. at 494-95 , 433 A.2d 1195 .”

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