6 Md. App. 265 - Holbrook v. State’s Empirical Analysis
1969
Citation profile
2 district · 78 state decisions
How this case has been cited
Cited by 80 later decisions — most recently October 2014 · most notably Wilhelm v. State (1974), Hunt v. State (1990)
2 district · 78 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Allen v. United States · Viereck v. United States · Dunlop v. United States · Apple v. State · Wood v. State
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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[A] significant factor in determining whether the jury were likely to have been misled or influenced to the prejudice of the accused by an improper remark [by the prosecutor] is whether the trial court took appropriate action to overcome a likelihood or prejudice, e.g., informing the jury that the remark was improper, striking it and admonishing them to disregard it." Holbrook v. State, 6 Md. App. 265, 270 , 250 A.2d 904, 907 (1969).”
3 later decisions quote this exact passage · from the majority““The statements with regard to parole in the context in which they were made here, we think, exceeded the limits of permissible comment by the prosecutor. This Court has never had occasion, as far as we are informed, to consider the question whether remarks relating to possible parole, or similar remarks, constituted reversible error. Of course, each case depends a good deal on its own facts, even where the remarks may fall into the same classification. References by a prosecutor to the right of appeal, the possibility of executive clemency and parole of a defendant have, however, been considered by many other courts. Although there are decisions each way, we think that the better reasoning and the weight of authority are against the propriety of such arguments.” (Emphasis supplied) .”
1 later decision quote this exact passage · from the majority“When in the first instance the remarks of the State’s Attorney do appear to have been prejudiced, a significant factor in determining whether the jury were actively misled or were likely to have been misled or influenced to the prejudice of the accused is whether or not the trial court took any appropriate action, as the exigencies of the situation may have appeared to require, to overcome the likelihood of prejudice such as informing the jury that the remark was improper, striking the remark and admonishing the jury to disregard it.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.