Bergin v. State’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In this jurisdiction the purpose of a prehminary examination before a magistrate for one charged with a felony is to determine whether an offense has been committed and whether there is probable cause for charging a defendant with the commission thereof. The proceeding is not a trial in the sense that one may be found ‘guilty.’ A defendant is bound over for trial only where the state establishes that an ofFense has been committed and that there is probable cause for charging him with its commission—otherwise he is to be discharged. (K.S. A. 62-618.) “Under the facts, conditions and circumstances set forth at length in the opinion, and following, the numerous decisions therein cited, it is held that an indigent defendant does not have a constitutional right to have an examining magistrate furnish him with counsel for his preliminary hearing.” (Syl. f ¶ 1, 2.)”

   1 later decision quote this exact passage · from the majority
   e.g. Chance v. State

2. ““Under the often stated and clearly defined purpose of a preliminary examination in this jurisdiction,' an indigent accused does not have a constitutional right to have counsel appointed by the examining magistrate and the same rule applies regardless of whether or not preliminary examination is waived by the accused.” (Syl. f 1.)”

   1 later decision quote this exact passage · from the majority
   e.g. Shores v. State