People v. Valli’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “murder would be proven in part based on [her] ownership of the car used to commit the killings, and based on her trading of this car (in which was found a casing matching casings at the two crime scenes) for another because it was 'hot.' " But this distinction ignores what Valli said, which is equally true in this case: "the evidence needed to prove murder-that defendant was the shooter-did not supply proof of [the lesser charge].”

   1 later decision quote this exact passage
   e.g. 238 Cal. Rptr. 3d 492 - People v. Linville

2. “An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision. An acquittal or conviction and sentence under any one bars a prosecution for the same act or omission under any other.”

   1 later decision quote this exact passage
   e.g. People v. Hendrix

3. “is a legal presumption which arises when the prosecutor increases the criminal charge against a defendant under circumstances [that] are deemed to present a 'reasonable likelihood of vindictiveness.' The presumption is not based on the subjective state of mind of the individual prosecutor and does not imply that he or she individually harbors an improper motive.”

   1 later decision quote this exact passage
   e.g. 208 Cal. Rptr. 3d 807 - Johnson v. Superior Court of L. A. Cnty.