Murphy v. State’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. “2. If, however, upon the preliminary examination the accused has been discharged, . . . the district attorney may, upon affidavit of any person who has knowledge of the commission of an offense, and who is a competent witness to testify in the case, setting forth the offense and the name of the person or persons charged with the commission thereof, upon being furnished with the names of the witnesses for the prosecution, by leave of the court first had, file an information, and process must forthwith be issued thereon.”

   2 later decisions quote this exact passage · from the majority
   e.g. Feole v. State · Cipriano v. State

2. “The State has failed to make a showing that Judge Terrell's refusal to bind over Murphy for trial was an egregious error. Moreover, the record supports Judge Terrell's conclusion that the State had utterly failed to produce evidence to show probable cause existed that Murphy had possessed stolen cattle. [Footnote omitted.] Pursuant to our holding in Cranford , the proper way for the State to bring the charges against Murphy would have been by filing a second complaint or by indictment. Instead, the State filed an information upon affidavit. That device is not to be used by a prosecutor to satisfy deficiencies in evidence at the preliminary hearing.”

   1 later decision quote this exact passage · from the majority
   e.g. Cipriano v. State

3. “u tterly failed to produce evidence to show probable cause existed”

   1 later decision quote this exact passage · from the majority
   e.g. MOULTRIE (MATTHEW) VS. STATE