97 Md. App. 192 - State v. Polley’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(c) Fourth conviction of crime of violence. — (1) Except as provided in subsection (g) of this section, on conviction for a fourth time of a crime of violence, a person who has served three separate terms of confinement in a correctional facility as a result of three separate convictions of any crime of violence shall be sentenced to life imprisonment without the possibility of parole. (2) Notwithstanding any other law, the provisions of this subsection are mandatory. (d) Third conviction of crime of violence. — (1) Except as provided in subsection (g) of this section, on conviction for a third time of a crime of violence, a person shall be sentenced to imprisonment for the term allowed by law but not less than 25 years, if the person: (1) has been convicted of a crime of violence on two prior separate occasions: 1. in which the second or succeeding crime is committed after there has been a charging document filed for the preceding occasion; and . 2. for which the convictions do not arise from a single incident; and (ii) has served at least one term of confinement in a correctional facility as a result of a conviction of a crime of violence. (2) The court may not suspend all or part of the mandatory 25-year sentence required under this subsection. (3) A person sentenced under this subsection is not eligible for parole except in accordance with the provisions of § 4-305 of the Correctional Services Article. (e) Second conviction of crime of violence. — (1) On conviction for a ”

   1 later decision quote this exact passage
   e.g. 180 Md. App. 440 - Stevenson v. State

2. “Although the cases cited by Polley are persuasive only and are not binding upon this Court, we believe that § 643B, which is narrowly directed towards repeat offenders of violent crimes who, having been exposed to the correctional system three distinct times, have nevertheless failed to rehabilitate but have instead committed a fourth violent crime, is relevant to the issue in the case sub judice. The principles underlying the creation of both § 643B and § 286(d) are similar. We interpret that the Legislature intended that the sentences available under them encompass not only punishment objectives, as in § 286(c), but be enhanced because a defendant has committed another offense after having served an extended period of incarceration, thereby showing that the defendant has failed to take advantage of the opportunity to reform his or her conduct.”

   1 later decision quote this exact passage
   e.g. 180 Md. App. 440 - Stevenson v. State