State v. Thomas’s Empirical Analysis

Citation profile

2 federal appellate · 46 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An examination of the record reveals that the testimony of the witnesses established that a similar modus operandi was used in each assault. The facts indicate that the assailant must have conducted extensive surveillance of his victims before he attacked them. The crimes all took place in the homes of the victims. The geographical location of the crimes of the crimes was either in the defendant's neighborhood or in areas where he previously resided. The record also shows that the assailant either attempted to or actually succeeded in covering the faces of the victims. In three of the four rapes the assailant concealed his own face. In those cases where the victim had infant children present in the home, the assailant threatened to harm the children unless the mother cooperated. In cases where there were no children present the assailant threatened the victim with a knife. In all the attacks the assailant experienced a pronounced personality change after the rape was committed and expressed concern over the victim's comfort and enjoyment. Finally, in every case the witnesses positively identified the defendant as their attacker. Thus the testimony of the three witnesses was clearly admissible in order to establish both a common modus operandi and the identity of the assailant.”

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

2. ““the defense was provided with the entire prosecution file * * * The defendant and his counsel were present at all stages of the aggravation hearing and were confronted personally with every piece of information directed against him. He was free to dispute them or produce any witness or other documentation to dispute the state’s evidence. He had the right to show any evidence which would mitigate the seriousness of the crime of which he had been convicted. Under these circumstances there was no denial of defendant’s right to a fair and impartial hearing.” Id. at 109-10 , 515 P.2d at 854-55 .”

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

3. ““[T]here is broad leeway in cross-examination, [but] the control of cross-examination is left to the sound discretion of the trial judge and will not be disturbed on appeal in the absence of a showing from the record of an abuse of discretion.” State v. Thomas, 110 Ariz. 106 at 109 , 515 P.2d 851 at 854 (1973).”

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