Harm v. State’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[E]vidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.”

   4 later decisions quote this exact passage · from the majority
   e.g. Anthony Jason Kelly v. State · Taylor v. State

2. “Favorable evidence is any evidence that, if disclosed and used effectively, may make a difference between conviction and acquittal and includes both exculpatory and impeachment evidence.”

   3 later decisions quote this exact passage · from the majority
   e.g. Ex parte Carty · Canada v. State

3. “[held] that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.”

   2 later decisions quote this exact passage · from the majority
   e.g. Ex parte Carty · Ex parte Lalonde