97 Md. App. 242 - Hof v. State’s Empirical Analysis

Citation profile

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

1. “When only a Maryland evidentiary challenge is made, a challenged statement must satisfy the traditional voluntariness standard in the traditional way. Where both a state and federal challenge is raised but Miranda is for some reason inapplicable, traditional voluntariness (in both guises) must be satisfied in the traditional way. Where, on the other hand, both a state and federal challenge is raised and Miranda is found to have been both applicable and satisfied, the underlying traditional voluntariness standard has been' fully implemented and is, presumptively at least, fully satisfied in the process. We are not unmindful that in the last decade we have sometimes, as a matter of appellate style, chosen to consider the traditional voluntariness test under the common law of Maryland before we have looked to the federal constitutional mandate. In retrospect, we consider that approach generally ill-advised. Faced with a choice between a short, efficient way to resolve an admissibility problem and a longer way to do the same thing, we think it expedient to try the short, efficient way first. Such a choice, moreover, is the one most likely to avoid a needless duplication of effort.”

   1 later decision quote this exact passage
   e.g. Hof v. State

2. “From the very fact of custodial interrogation, the hearing judge must presume the initial presence of involuntariness/compulsion. Compulsion no longer had to be proved on a case-by-case basis, requiring a look at the multitudi nous influences working on each suspect and a look, as well, at the multitudinous internal factors indicative of the resilience or resistance level of each individual suspect. As a bright-line rule, such compulsion or involuntariness would now be presumed.... Miranda then established, with its familiar catechism and attendant waiver requirement, a set of easily administered “litmus paper tests,” which the prosecution would not be permitted to shortcut but which, if satisfied, would dissipate or rebut the presumptive involuntariness/compulsion. (Citations omitted).”

   1 later decision quote this exact passage
   e.g. Hof v. State

3. “Maryland thus became the recipient a second time of the same body of confession law it had first acquired nine decades earlier. Emanating from Lord Mansfield in Rudd’s Case in 1775 and from Baron Parke in Regina v. Baldry in 1852 and from numerous other common law progenitors, a single stem of legal tradition bifurcated in the late 1800’s. One strand entered Maryland in 1873 with Nicholson v. State. The other strand entered the federal system in 1884 with Hopt v. Utah, was constitutionalized in 1897 with Bram v. United States, and was nationalized in 1964 with Malloy v. Hogan, thereby reaching Maryland for yet a second time, ninety-one years after its initial arrival.”

   1 later decision quote this exact passage
   e.g. In re Darryl P.