90 Md. App. 254 - Austin v. State’s Empirical Analysis
1992
Citation profile
67 state decisions
How this case has been cited
Cited by 67 later decisions — most recently May 2021 · most notably Southern Management Corp. v. Taha (2003), 101 Md. App. 1 - Wieland v. State (1994)
67 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 28 Md. App. 640 - Evans v. State · State v. Evans · Wright v. State · State v. Jenkins · Squire v. State
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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The fact of instructional error is in no way dispositive of the preservation issue. The preservation rule contemplates error. It assumes that an error has probably occurred. Its concern is that the error was not brought to the trial judge’s attention so that he could have had the opportunity to correct it. Indeed, if the instruction in question were not in error, it would make very little difference whether the point had been preserved or not.”
2 later decisions quote this exact passage“On rarer occasions, we might even be influenced by the opportunity that the notice of “plain error” might afford to illuminate a murky recess of the law. The interpreting and molding of the law is as weighty a consideration in appellate councils as is the correction of error in individual cases.”
2 later decisions quote this exact passage“[W]e should almost certainly notice an erroneous instruction that presumed a defendant to be guilty until proved innocent and which placed upon him the full burden of proving his innocence upon the ultimate merits.”
2 later decisions 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.