76 Md. App. 201 - Selby v. State’s Empirical Analysis
1988
Citation profile
10
cited by 10 later decisions
1
states following
November 1994
most recently cited
10 state decisions
Relationships
Relies on Blockburger v. United States · 28 Md. App. 640 - Evans v. State · State v. Evans · Newton v. State · State v. Frye
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.
“The question is whether those facts alone would lead the court to find the necessary premeditation. The problem with the facts in the end is that the knife was there, but the court still has some doubt as to whether the knife was there as a potentially threatening instrument that could cause grievous bodily harm, as opposed to an instrument that was being carried directly for the purpose of killing somebody. Accordingly, the court does conclude with regard to the first theory, that is the specific premeditated murder, that the State has not carried its burden of proof beyond a reasonable doubt, and would not be inclined to find on that theory that there was murder in the first degree.”
1 later decision quote this exact passagee.g. State v. Selby“So the court does accept the State’s theory that lying in wait is effectively an alternative to premeditated murder, and that it may be the mere infliction of injury that is in the mind of the assailant if, in fact, there is independent proof of lying in wait. The court finds, as I stated earlier, that there is independent proof of concealment, and watchful waiting in this case. There was clearly an intent to do grievous bodily harm; witness the knife, the terrible knife. The court, therefore, finds that the State has carried its burden of proof of attempted murder in the first degree with regard to Count 1.”
1 later decision quote this exact passagee.g. State v. Selby“offense had been completed, it would have been either first or second degree murder.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.