State v. Cummings’s Empirical Analysis

Citation profile

60 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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the purpose of the rule and whether it would be furthered by a retroactive application, (2) the degree of reliance placed on the old rule by those who administered it, and (3) the effect a retroactive application would have on the administration of justice.”

   5 later decisions quote this exact passage · from the majority
   e.g. State v. Colbert · State v. Gaitan

2. “despite the clear legislative election as well as prior acceptance of the [civil] preponderance of the evidence standard,”

   4 later decisions quote this exact passage · from the majority
   e.g. 408 N.J. Super. 273 - State v. Marquez · State v. Marquez

3. “[t]his Court has four options in any case in which it must determine the retroactive effect of a new rule of criminal procedure. The Court may decide to apply the new rule purely prospectively, applying it only to cases in which the operative facts arise after the new rule has been announced. Alternatively, the Court may apply the new rule in future cases and in the case in which the rule is announced, but not in any other litigation that is pending or has reached final judgment at the time the new rule is set forth. A third option is to give the new rule “pipeline retroactivity,” rendering it applicable in all future cases, the case in which the rule is announced, and any eases still on direct appeal. Finally the Court may give the new rule complete retroactive effect, applying it to all cases, including those in which final judgments have been entered and all other avenues of appeal have been exhausted. [Ibid. (quoting Knight, supra, 145 N.J. at 249 , 678 A.2d 642 ).]”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Colbert · State v. Dock