7 Md. App. 313 - Knight v. State’s Empirical Analysis

Citation profile

45 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the instant case there is no question that the sentence was not deferred; the sentence was imposed at the trial at the time of the conviction of the appellant of the substantive offense. It was its execution which was conditionally suspended. The revocation hearing did not involve the imposition of a sentence; the hearing judge, upon finding that the conditions of suspension of the execution of the sentence had been violated, merely struck the suspension and the sentence previously imposed was then to be executed. He had no power to change the sentence. Thus 'the hearing was not a critical stage of a criminal proceeding and Mempa [v. Rhay, 389 U. S. 128 (1967)] was not applicable. As Mempa was not applicable, the hearing judge was not obliged, under the Mempa holding, to advise the appellant as to his right to counsel or to appoint counsel for him If he was indigent. The answer to the specific question presented by the appellant on appeal is that it was not a denial of his Sixth Amendment constitutional right to have his violation of probation hearing without counsel present.””

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

2. “The question of whether the terms of probation have been violated is largely one of fact but also includes the construction of the terms of suspension which were made known to the probationer and by which he was to be guided in his conduct. “Such questions, while primarily within the discretion of the trial judge, are not wholly so, and are reviewable, if only for the purpose of determining whether that discretion has been abused in any way, or whether an erroneous construction has been placed by the trial judge on the conditions of parole.” Swan v. State, 200 Md. 420 , 90 A.2d 690 (1952)”

   1 later decision quote this exact passage · from the majority
   e.g. 58 Md. App. 474 - Costa v. State

3. ““. . . [T]he conditional exemption from imprisonment allowed any prisoner by suspension of sentence in the circuit court for any county of this State or in the Criminal Court of Baltimore. The condition of any order of probation shall be determined solely by the judge granting the same.””

   1 later decision quote this exact passage · from the majority
   e.g. 18 Md. App. 407 - Shade v. State