88 Md. App. 360 - Miles v. State’s Empirical Analysis

Citation profile

37 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “With respect to all criminal trials or parts of trials ... an effective waiver of the defendant’s right to be present at every stage of the trial will not always require a personal waiver by the defendant. Where the right of confrontation is not implicated, and where there is involved no other right requiring intelligent and knowing action by the defendant himself for an effective waiver, a defendant will ordinarily be bound by the action or inaction of his attorney. [I]f the defendant himself does not affirmatively ask to be present at such occurrences or does not express an objection at the time, and if his attorney consents to his absence or says nothing regarding the matter, the right to be present will be deemed to have been waived.”

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

2. “the decision to excuse a juror and to seek an alternate in his or her place is within the sound discretion of the trial court.” 88 Md.App. at 373 , 594 A.2d at 1214 . . We note, however, that even these cases recognize that the defendant's”

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

3. “[i]nstructing a jury on the undisputed law of the crime is improper whether it occurs prior to the introduction of any evidence or subsequent to the trial court's binding instructions,”

   1 later decision quote this exact passage · from the majority
   e.g. 186 Md. App. 204 - Drake and Charles v. State