State v. Gutierrez’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Reviewing motions to suppress involves an analysis of both law and fact. The denial of a motion to suppress requires us to determine if the law was correctly applied to the facts. We give deference to the factual findings of the lower court. A denial of a motion to suppress will not be disturbed if it is supported by substantial evidence unless it also appears that the ruling was incorrectly applied to the facts. The trial court must resolve conflicts in the evidence, but [wjhether that evidence complies with constitutional requirements is ... a legal question reviewed by the appellate court on a de novo basis.”

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

2. “[W]e do not wish to guess at what . . . counsel was doing.”

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