Kelly v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that inadvertent response by prosecution witness indicating that she had taken a lie detector test was cured by court’s instruction to jury to disregard any reference to the test and not consider it in determining whether witness’ testimony as to what occurred was credible
• upholding an Allen-type charge delivered to the jury before deliberations that contained the instruction, “[I]t is up to you to determine for yourselves . . . .”
• upholding an Allen-type charge delivered to the jury before deliberations that contained the instruction, “[I]t is up to you to determine for yourselves . . . .”
• the Court of Appeals held that the language used in Allen is coercive and may not be used in Maryland
• “[E]very case is different and each jury panel unique, [so] the decisions as to whether to utilize an Allen-type charge, when to employ it, and what words should be selected are best left to the sound discretion of the trial judge”

Source: CourtListener parenthetical corpus (CC0).

Cited by

48 cases in this archive cite this case; the 20 most cited are listed.

• United States v. William Rey
  Eleventh Circuit· 1987-03-09· cited 189×
• Andresen v. State
  Court of Special Appeals of Maryland· 1975-01-10· cited 153×
• Winters v. United States
  District of Columbia Court of Appeals· 1974-03-20· cited 119×
• Wilkins v. State
  Nevada Supreme Court· 1980-04-09· cited 117×
• Graham v. State
  Court of Appeals of Maryland· 1992-02-12· cited 75×
• Mills v. State
  Court of Appeals of Maryland· 1987-06-25· cited 69×
• Wills v. State
  Court of Appeals of Maryland· 1993-03-05· cited 58×
• Stewart v. State
  Court of Appeals of Maryland· 1994-03-24· cited 45×
• Brooks v. State
  Court of Special Appeals of Maryland· 1975-01-16· cited 44×
• Burnette v. State
  Court of Appeals of Maryland· 1977-04-07· cited 44×
• Funkhouser v. State
  Court of Special Appeals of Maryland· 1982-02-08· cited 31×
• Brown v. State
  Court of Special Appeals of Maryland· 1975-11-26· cited 30×
• Nash v. State
  Court of Appeals of Maryland· 2014-06-20· cited 28×
• Ruffin v. State
  Court of Appeals of Maryland· 2006-08-31· cited 27×
• Goodmuth v. State
  Court of Appeals of Maryland· 1985-04-09· cited 21×
• Law v. State
  Court of Special Appeals of Maryland· 1975-12-30· cited 20×
• Mayfield v. State
  Court of Appeals of Maryland· 1985-04-09· cited 20×
• Thompson v. State
  Court of Appeals of Maryland· 2002-11-04· cited 18×
• Oliver v. State
  Court of Special Appeals of Maryland· 1983-01-10· cited 16×
• Howard v. State
  Court of Special Appeals of Maryland· 1986-02-05· cited 15×

Cites

14 cases in this archive are cited by this case.

• United States v. John Fioravanti, Nicholas Panaccione, and Angelo Pepe, Nicholas Panaccione
  Third Circuit· 1969-10-13· cited 290×
• United States v. Anthony C. Thomas
  D.C. Circuit· 1971-09-14· cited 177×
• Irven Green and Robert Benjamin Smith v. United States of America, Arnold Jack Johnson v. United States
  Fifth Circuit· 1962-11-02· cited 146×
• Kawakita v. United States
  Supreme Court· 1952-10-13· cited 140×
• Commonwealth v. Spencer
  Supreme Court of Pennsylvania· 1971-03-25· cited 134×
• United States v. Roscoe Brown, Also Known as Sam, Also Known as Samuel Morris
  Seventh Circuit· 1969-06-06· cited 118×
• State v. Thomas
  Arizona Supreme Court· 1959-07-20· cited 92×
• James Huffman and Evelyn Nelson Huffman v. United States
  Fifth Circuit· 1962-03-13· cited 84×
• State v. Randall
  Montana Supreme Court· 1960-07-08· cited 80×
• Edward Byron Hale v. United States
  Fifth Circuit· 1971-02-02· cited 77×
• Tomoya Kawakita v. United States
  Ninth Circuit· 1951-09-24· cited 51×
• Lias v. United States
  Fourth Circuit· 1931-07-08· cited 37×
• State v. Nelson
  New Mexico Supreme Court· 1958-01-28· cited 34×
• Leupen v. Lackey
  Court of Appeals of Maryland· 1967-11-08· cited 22×