State v. Martin’s Empirical Analysis

Citation profile

98 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 98 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[WJhile a prosecutor may refuse to plea bargain with alleged criminal violators, he may not do so solely because defendant has selected a particular defense counsel. The county attorney may not refuse to plea bargain out of animus toward the defendant’s attorney. He may plea bargain or not, depending on how this case fits the policies and standards of his office. Por instance, he may properly decide, as a matter of policy, that there will be no plea bargains with those accused of selling cocaine, or he may plea bargain only in cases in which there exists substantial doubt of guilt. He must, however, have some valid reason; animus toward defense counsel is not a proper reason.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. State v. Rodriguez · State Ex Rel. Thomas v. Rayes

2. “"The exception to the confrontation clause does not turn upon the nature of the extrajudicial statement as hearsay or non-hearsay or whether it falls within or without an hearsay exception; certainly, the rules of evidence may be revised from time to time without necessarily violating the confrontation clause. The exception to the confrontation clause is based, rather, upon the view that recognized hearsay exceptions have sufficient `indicia of reliability' so that their use does not offend the clause even though the witness is not produced for confrontation."”

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

3. “(1) whether the declaration contained assertions of past fact; (2) whether the declarant had personal knowledge of the identity and role of the participants in the crime; (3) whether it was possible that the declarant was relying upon faulty recollection; (4) whether the circumstances under which the statements were made provided reason to believe that the declarant had misrepresented the defendant's involvement in the crime; and (5) whether the declaration was "crucial" to the state or "devastating" to the defense.”

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