67 Md. App. 620 - Trusty 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. “Thus, we believe the law to be clear that a trial judge cannot apply the knowledge personally gained from one case to the quantum of evidence presented in a later case. But, even if that were not the posture of the law, there is nothing in the record herein to indicate that the trial judge had earlier knowledge of Officer Dawkins’s training and expertise, or that in some prior case there was adequate testimony establishing the reputation of the subject neighborhood as being a “known drug trafficking area”. To be sure, there was no such evidence of either fact which this court could glean from the record and certainly we ought not ourselves judicially notice evidentiary material which is not a matter of common knowl edge. See McCormick on Evidence [3rd Ed. 1984], Chapter 5, Judicial Notice. Assuming that those facts were available, the prosecutor had a duty to present them to the court. Failing such production, we reluctantly conclude that the trial judge erred in finding probable cause.”

   1 later decision quote this exact passage
   e.g. 74 Md. App. 377 - Coomes v. State

2. “Was the affirmance of the Court of Special Appeals of [the] convictions for assault and resisting arrest erroneous in light of that court’s ruling that the trial court had erred in finding that [his] arrest was legal?”

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

3. “Warrantless Fourth Amendment intrusions are presumptively unreasonable, ... and the burden is allocated to the State of showing adequate justification for the exceptional departure from the Fourth Amendment norm.”

   1 later decision quote this exact passage
   e.g. 93 Md. App. 285 - Baziz v. State