State v. Baldonado’s Empirical Analysis

Citation profile

31 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. The age and intelligence of the victim and other witnesses, and their ability to particularize the date and time of the alleged offense; 2. The surrounding circumstances; including whether a continuing course of conduct is alleged, as opposed to a relatively few, discrete or isolated events; 3. The extent to which [the] defendant had frequent, unsupervised access to the victim; 4. The nature of the offense, including whether it is likely to occur at a specific time or is likely to have been discovered immediately; 5. The length of the alleged period of time in relation to the number of individual criminal acts alleged; 6. The length of time asserted in the indictment; 7. The passage of time between the period alleged for the crime and the time the abuse was asserted and/or the time [the] defendant was arrested and/or indicted; 8. The extent and thoroughness of the [s]tate’s efforts to narrow the time frame; and 9. Whether the defendant can assert a plausible alibi defense.”

   3 later decisions quote this exact passage
   e.g. State v. Ervin · State v. Tafoya

2. “relate to both whether the indictment is reasonably particular and whether the defendant suffered prejudice.”

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

3. “`[y]oung children cannot be held to an adult's ability to comprehend and recall dates and other specifics.'”

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