88 Md. App. 607 - Simpkins v. State’s Empirical Analysis

Citation profile

4 federal appellate · 14 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The standard has been codified in terms of activity which manifests “extreme indifference to the value of human life” and which creates a grave risk of death,” or “where all the circumstances of the killing show an abandoned and malignant heart.” In other words, the intent to do an act in wanton and wilful disregard of the obvious likelihood of causing death or great bodily injury is a malicious intent. The word “wanton” is the key word here.... The difference is that in the act of the shooter there is an element of viciousness—an extreme indifference to the value of human life—that is not found in the act of the motorist. And it is the viciousness which makes the act “wanton” as well as “wilful.” (footnotes omitted).”

   1 later decision quote this exact passage
   e.g. 101 Md. App. 47 - Alston v. State

2. “The Sayre majority's rigid interpretation of [former] Maryland Rule 4-345(b), as pointed out by Judge Rodowsky[ ] in dissent, makes sense when "some appreciable period of time from the imposition of the sentence" has passed. [ Sayre , 314 Md.] at 570, 552 A.2d [at 558 ] (Rodowsky, J. dissenting). Imposition of this bright[-]line rule, however, is harsher than necessary or appropriate when there has been no lapse of an appreciable period of time[,] and it is clear that the [trial court] simply seeks to correct an obvious mistake in sentencing.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Brown

3. “[The victims' parents] were tried, convicted[,] and then sentenced together. Of the two, [the victim's mother], even though erratic, irresponsible, and cavalier in her treatment of [the victim], at least showed more concern than [ ] the [victim]'s father. Accordingly, it seems inconceivable that the [trial court] intended to sentence [the victim's mother] to twenty years [of] imprisonment[,] and[,] at the very same time, in [ ] virtually the same breath, sentence [the victim's father] to only five years [of] imprisonment.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Brown