State v. Kremen’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The State’s failure to preserve evidence does not violate a .criminal defendant’s right to a fair trial unless (1) the evidence possesses an exculpatory value that was apparent before the evidence was destroyed, (2) the defendant would be unable to obtain evidence of comparable value by other reasonably available means, and (3) the State acted in bad faith in failing to preserve potentially useful evidence. All, three .elements must be present in order for- [the defendant’s] right to a fair trial to be found to have been violated.”

   1 later decision quote this exact passage
   e.g. State of Maine v. Clarence Cote