73 Md. App. 200 - Cardin v. State’s Empirical Analysis

Citation profile

44 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The form and language of the questions themselves do not indicate any error or abuse of judicial discretion. The judge’s questions of Cardin followed a long trial on complicated issues involving charges of complex white collar crimes. It was within the judge’s discretion to elicit for the benefit of the jury the basic differences between an incorporated law firm and a solo practice, particularly with respect to billing and receiving fees, even if it had the effect of pointing out discrepancies in Cardin’s testimony. Certainly, Cardin was given an adequate chance to respond, and his attorney also had an opportunity to ask him questions and elicit additional exculpatory explanations from him. In summary, the court’s interrogation of Cardin does not on its face reveal any display of partiality in the judge. The judge in this case, unlike the judge in Vandegrift, did not warn the witness, in front of the jury, of the penalties of perjury; and unlike the trial judge in Brown , he did not use words that tended to display sarcasm or a disbelief of the witness’s testimony.””

   1 later decision quote this exact passage · from the concurrence
   e.g. 76 Md. App. 507 - Pearlstein v. State

2. “Whether a trial judge’s interrogation of a witness or party has in fact conveyed to the jury the judge’s opinion as to the facts or the credibility of the witness must be determined by all the facts and circumstances attending the questions posed by the trial judge in each particular case. What would be an innocuous question in one circumstance could be highly prejudicial in another. In many instances, much will depend upon the judge’s tone of voice, facial expression, or other factors that cannot be assessed by reviewing a cold printed record devoid of expression or inflection. We must make our determination on the basis of the language of the questions alone.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 84 Md. App. 353 - Leak v. State

3. ““The trial judge refused to give instructions requested by Cardin defining two statutory defenses: ‘good faith claim of right,’ Md.Ann.Code art. 27, § 343(c)(1) (1982 Repl.Vol.), and ‘honest belief,’ Md.Ann.Code art. 27, § 343(c)(2) (1982 Repl.Vol.). Instead of giving the instruction submitted by Cardin, the trial judge instructed the jury on these defenses by reading verbatim the language of art. 27, § 343(c). We believe that was sufficient; the statutory language was not so technical or complicated as to confuse the jury, but instead was quite straightforward and lucid.””

   1 later decision quote this exact passage · from the concurrence
   e.g. 76 Md. App. 507 - Pearlstein v. State