State v. Duncan’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “By introducing evidence that Defendant was the same person who was convicted of the previous crimes, the State thus established a prima facie case. See State v. Garcia, 95 N.M. 246, 250 , 620 P.2d 1271, 1275 (1980). Once the State’s exhibits establish a prima facie case that a defendant has previously pleaded guilty to [the prior offenses], the defendant is entitled to bring forth contrary evidence, but it is his burden to do so. Id.; cf. State v. O’Neil, 91 N.M. 727, 729 , 580 P.2d 495, 497 (Ct.App.) (affirmative burden not on the state where the record in a habitual offender proceeding is silent as to the validity of the conviction), cert. denied, 91 N.M. 491 , 576 P.2d 297 (1978).”

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

2. “`virtually every court that has reviewed claims of vindictiveness in a pretrial plea bargaining context has rejected the claim.'”

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

3. “[a] party cannot rely on a withdrawn objection to preserve error.”

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