State v. Parker’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It appears to us ... that the United States Supreme Court would have us ask whether ... the “undisclosed evidence would have been significant to the defendant in the way that he tried his case: Would it have provided him with plausible and persuasive evidence to support his theory of innocence or would it have enabled him to present a plausible, different theory of innocence? If either question can be answered affirmatively, the evidence is material under a Brady analysis.””

   2 later decisions quote this exact passage
   e.g. Buchli v. State · Wallar v. State

2. “there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. The question is not whether the defendant would more likely than not have received a different verdict with the evidence, vbut whether in its absence he received a fair trial, understood as a trial resulting in a verdict worthy of confidence. The materiality inquiry is not simply a matter of whether, after discounting the inculpato-ry evidence, there remains sufficient evidence to support the conviction. Rather, the question is whether the favorable evidence could reasonably be taken to put the whole case in such a different light as to undermine confidence in the verdict.”

   1 later decision quote this exact passage
   e.g. State of Missouri v. David E. Smith

3. “To suggest, as the State does, that [Ferguson] should be penalized for the State’s failure to timely honor its legal disclosure obligations by having [Barbara Trump’s interview] entirely disregarded [because it was not earlier discovered] is repugnant to the concept of fundamental fairness. The only reason for the ,.. delay was the State’s failure to disclose impeachment evidence it had a legal duty to provide to the defense prior to or during trial in the first place. Thus, [Ferguson] cannot be faulted for failing to raise and fully investigate the State’s nondisclosure of Brady evidence that he did not know about until ... years had passed.”

   1 later decision quote this exact passage · from the dissent
   e.g. Ferguson v. Dormire