State v. Allie’s Empirical Analysis

Citation profile

4 federal appellate · 77 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 82 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Neither Ellerson nor Noble dealt with the proposition that a defendant can alter his trial strategy by not taking the stand and still preserving his right to appeal. Those courts which have mistakenly relied on them for that purpose have extended the holdings past their intended meaning. See, e.g., State v. Wilson, 128 Ariz. 422 , 626 P.2d 152 (App.1981). The intent of this court in those cases was to hold that a defendant who takes the stand can “draw the sting” of prior convictions without waiving his right to appeal. Thus, the rule in Arizona remains that a defendant must take the stand before he can challenge an adverse pretrial ruling allowing prior convictions to be admitted for impeachment purposes.”

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

2. “The State argues that there is nothing before this Court on which to predicate a reversal of the trial court, that having received this adverse ruling appellant should have proceeded with his case by taking the stand then raising the question if the State attempted to establish the prior conviction. We are in agreement with the position adopted by the State. First, the appellant is assuming that had defendant taken the stand the county attorney would have used the prior manslaughter conviction by attempting to impeach his credibility. Second, appellant is assuming that the trial court would have adhered to its initial ruling....”

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

3. “"* * * Even though no physical injuries were suffered and defendant claims the victims were in no actual danger, we cannot foresee how he would have reacted had any of the victims refused to cooperate. Defendant’s threatening conduct could very easily have led to serious injury or death. State v. Garcia, 141 Ariz. 97, 100 , 685 P.2d 734, 737 (1984).” 710 P.2d at 433-434 .”

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