State v. Lizzol’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the State is barred from appealing when a defendant is acquitted by the trial court no matter how egregiously erroneous the trial court’s ruling; (2) whether a defendant was acquitted does not depend on the trial court’s characterization of its ruling; (3) an acquittal results when, after making an erroneous evidentiary ruling, the trial court concludes that the evidence is insufficient to proceed; (4) an acquittal does not result when, notwithstanding the defendant’s possible culpability, the trial court determines the defendant’s prosecution is constitutionally or statutorily prohibited; (5) a defendant may not be retried after the conviction is set aside because of insufficient evidence; (6) a defendant may be retried if the conviction was set aside because of trial error, including the situation when the trial court wrongly admitted incriminating evidence or wrongly excluded exculpatory evidence.”

   1 later decision quote this exact passage · from the majority
   e.g. City of Santa Fe v. Marquez

2. “When the [metropolitan court] judge decided that the [sjtate lacked foundation to admit the BAT card into evidence, he exercised his discretion and made an evidentiary ruling. Absent the BAT card, the [metropolitan court] judge concluded that the [sjtate lacked evidence sufficient to convict [the defendant]. Regardless of whether the evidentiary ruling was correct, the [metropolitan court] judge, based on that ruling, made a factual finding that the [s]tate could not prove its case. Even if the final written order can be construed as something other than a judgment of acquittal, and notwithstanding the [metropolitan court] judge’s clear indication that he wished the issue to be appealed, [the defendant] was acquitted for purposes of double jeopardy.”

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

3. “Yeah, because I’d sure like to find the answer to that. And I’m not saying I necessarily believe it one way or another. I’m just saying right now, it’s too close to call. And if it’s going to be that way, I’m going to find reasonable doubt in all of this stuff. So I’ll go ahead and find that — that the officer in this case was not the proper person to be appropriately — the appropriately qualified witness by certification. And as such, I’ll suppress the breath test.”

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