Perez v. State’s Empirical Analysis

Citation profile

35 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Rule 803(4) is premised on the patient's selfish motive in receiving appropriate treatment." This motive is no longer present once a diagnosis has been made and treatment has begun. The details a patient may report during an extended course of treatment may be prompted by other motives, such as denial or deception, or be influenced by the treatment process itself.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Taylor v. State · Taylor v. State

2. “the evidence was so obviously weak as to undermine confidence in the jury's determination of guilt”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Washington, Dana Wayne v. State · Washington v. State

3. “Further, appellant notes that the jury did not have an “easy time” in making its decision; that the jury had a portion of the complainant’s testimony read back; that twice the jury indicated that it was “hung,” giving the numerical split; and that the trial court gave an “Allen” charge before a verdict was reached.... These factors are interesting, but they are not evidence to be considered under the appropriate standard of review.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Scott v. State