166 Ind. App. 430 - Buchanan v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is no doubt that appellant, by failing to move for a continuance when the witnesses were called, failed to pursue his. proper remedy. However, this Court cannot and should not, look with equanimity upon a blatant disregard of a court’s order by the State in a criminal proceeding, particularly where the defendant’s life is at stake. Had the State, prior to trial, sought a rehearing on defendant’s motion, or made a good showing of inability to comply with the order, it would not now be in a position of having deliberately disobeyed the order of the trial court. We agree with appellant’s counsel in their argument that it is fundamentally a denial of due process of law as guaranteed by the Fifth and Fourteenth Amendments to the Constitution of the United States to lead a defendant to believe that he has been afforded the right of discovery, and then permit the State of Indiana, in violation of an order of court, to present, during its case in chief, surprise witnesses whose testimony substantially added to the weight of the State’s case.””

   1 later decision quote this exact passage
   e.g. 170 Ind. App. 206 - Upshaw v. State

2. “weaken[ing] the safeguards erected by society for its protection; for by the non-enforeement of the law and its penalties ... contempt for the law is bred among the very class that it is intended to restrain.”

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