State v. Wesley’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The events in the case will create a presumption of vindictiveness if, to a reasonable mind, the filing of the habitual offender bill can be explained only by a desire to deter or punish the exercise of legal rights. See Id. ; U.S. v. Esposito, 968 F.2d 300 (3d Cir.1992). But where the government's conduct is equally attributable to legitimate reasons, a defendant must prove actual vindictiveness for a presumption will not apply. U.S. v. Esposito, supra . A mere opportunity for vindictiveness does not suffice. U.S. v. Goodwin, 457 U.S. 368 , 102 S.Ct. 2485 , 73 L.Ed.2d 74 (1982) ; U.S. v. Esposito, supra .”

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

2. “[t]he use of the habitual offender law alone will not create a presumption of prosecutorial vindictiveness.”

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