73 Md. App. 627 - Ferrell v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Turning to the case sub judice, the majority has very considerately characterized the trial judge’s actions in this case as stepping in “at several points to clarify questions posed by counsel or to give the witness an opportunity to explain or clarify the alleged inconsistencies.” This characterization is not supported by the record. On the contrary, the record discloses that the trial judge, totally oblivious of any bounds, interjected herself repeatedly, into the proceeding. In fact, there were more than a hundred such instances. The judge participated, to some extent, in the questioning of each witness called to testify. To be fair, some of the trial judge’s interjections were innocuous and some were for the purpose of clarifying questions posed by counsel; the vast majority of them, however, were much more serious. A few examples are demonstrative. During the State’s case, the court’s interventions included participating freely and frequently in the direct examination of witnesses, assisting the assistant State’s Attorney in the presentation of his case, when he did not wish help, and, indeed, resisted it; interrupting cross-examination by defense counsel to assist State’s "witnesses in responding to questions; and explaining the testimony of State’s witnesses. The trial judge also rephrased questions, rather than ruling on objections by defense. Moreover, in addition to correcting defense counsel in front of the jury and suggesting how questions should be phrased, the t”

   1 later decision quote this exact passage
   e.g. 182 Md. App. 444 - Smith v. State

2. “[N]o part of the proceedings of the third trial, save the few pages of transcript dealing with the disposition of Counts 2-7, furnished by the State in response to our order, has been included in the record. We don't know, other than in a general way, what evidence was presented to that third jury; nor do we know what instructions were given or what argument was made to the jury.”

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