65 Md. App. 213 - Cornish v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Where the basis of an alleged [probation] violation is a subsequent criminal act — a failure to “obey all laws” or to refrain from the illegal possession or use of drugs or other contraband — it should normally be a simple matter for the State to prove the date of the violation, especially when the probationer has been arrested for and convicted of the subsequent offense. There are police reports, charging documents, witnesses — all manner of evidence sufficient to establish when the violation occurred. Because the State failed to produce this readily available evidence in this case, we find it necessary to reverse the judgment of the Circuit Court for Baltimore City revok ing appellant’s probation and directing execution of a six-month term of incarceration.”

   1 later decision quote this exact passage
   e.g. 71 Md. App. 1 - Soden v. State

2. “The law is clear that in order to justify revoking a probation for failure of the probationer to comply with the conditions of the probation, the State must show at least (1) that the violation occurred, and (2) that it occurred after the probation was imposed, i.e., during a period when the probationer was lawfully subject to the condition. There is hardly anything new or startling about that proposition. (Citations omitted.)”

   1 later decision quote this exact passage
   e.g. State v. Ballensky