People v. Waggoner’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “At a preliminary hearing, the trial court ruled that the evidence presented by the prosecution did not establish probable cause and thereupon dismissed an assault charge. This appeal by the prosecution is no more than an advocate’s dispute with a trial court’s determination of the sufficiency of the evidence. Such appeals have been strongly discouraged. See People v. Martinez, 198 Colo. 577 , 603 P.2d 944 (1979); People v. Berry, 198 Colo. 258 , 598 P.2d 1044 (1979); People v. Chmielewski, 187 Colo. 268 , 529 P.2d 1337 (1975); People v. Kirkland, 174 Colo. 362 , 483 P.2d 1349 (1971). The basis for an appeal by the prosecution in a criminal case is to raise a question of law which arises from a ruling by a trial court. Section 16-12-102, C.R.S. 1973 (now in 1978 Rep. Vol. 8). There is no question of law raised here. We are merely asked to determine whether the trial court abused its discretion. It is not the function of this court to sit as a second preliminary hearing court to review the evidence of probable cause. When this court is asked to make a case-by-case review of the trial court’s determination of the sufficiency of the evidence, the time expended by the court “serves little purpose and is rarely productive of any precedential value.” People v. Berry, supra.”

   1 later decision quote this exact passage · from the majority
   e.g. People v. Ayala

2. ““At a preliminary hearing, the trial court ruled that the evidence presented by the prosecution did not establish probable cause and thereupon dismissed an assault charge. This appeal by the prosecution is no more than an advocate’s dispute with a trial court’s determination of the sufficiency of the evidence. Such appeals have been strongly discouraged. See People v. Martinez, 198 Colo. 577 , 603 P.2d 944 (1979); People v. Berry, 198 Colo. 258 , 598 P.2d 1044 (1979); People v. Chmielewski, 187 Colo. 268 , 529 P.2d 1337 (1975); People v. Kirkland, 174 Colo. 362 , 483 P.2d 1349 (1971).””

   1 later decision quote this exact passage · from the majority
   e.g. People v. Thompson