Boucher v. State’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. “[a] deliberate attempt to delay the trial in order to hamper the defense should be weighted heavily against the government. A more neutral reason such as negligence or overcrowded courts should be weighted less heavily but nevertheless should be considered since the ultimate responsibility for such cireumstances must rest with the government rather than with the defendant. Finally, a valid reason, such as a missing witness, should serve to justify appropriate delay.”

   2 later decisions quote this exact passage
   e.g. Andrew Mascarenas v. The State of Wyoming · Gilbert Ortiz, Jr. v. The State of Wyoming

2. “issues that- are unaccompanied by cogent argument or citation. to pertinent legal authority”

   2 later decisions quote this exact passage
   e.g. John Wayne Butler v. State · Byron Nelson Griggs v. State

3. “It is true that the appellant was incarcerated from the time he was arrested until trial, which certainly weighs in favor of the appellant. We also have no doubt that the appellant experienced pretrial anxiety, as most defendants experience in that situation. However, we cannot say that the appellant experienced an atypical level of anxiety; nor can we say that the appellant was incarcerated for such a lengthy period of time prior to trial that a finding of substantial prejudice is automatically warranted. See Campbell [v. State ], 999 P.2d [649,] 656 [(Wyo.2000)] (Anxiety is typically present with pretrial incarceration, so to prevail an appellant "must demonstrate that she suffered prejudice in an extraordinary or unusual manner.").”

   1 later decision quote this exact passage
   e.g. Rhodes v. State