State v. Gallegos’s Empirical Analysis

Citation profile

48 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Error that is fundamental must be such error as goes to the foundation or basis of a defendant’s rights or must go to the foundation of the case or take from the defendant a right which was essential to his defense and which no court could or ought to permit him to waive. Fundamental error only applies in exceptional circumstances when guilt is so doubtful that it would shock the judicial conscience to allow the conviction to stand.”

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

2. “An abuse of discretion exists when the trial court acted in an obviously erroneous, arbitrary, or unwarranted manner.”

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

3. “a lone biased juror undermines the impartiality of an entire jury[.]”

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