State v. Sims’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In State v. Stickelman, 207 Neb. 429, 435 , 299 N.W.2d 520, 524 (1980) (quoting Franks v. Delaware, 438 U.S. 154 , 98 S. Ct. 2674 , 57 L. Ed. 2d 667 (1978)), we stated that there is “ ‘a presumption of validity with respect to the affidavit supporting the search warrant. . . .’ ” In order to overcome this presumption the defendant bears the burden of demonstrating that the affidavit was false. State v. Stickelman, supra. Franks v. Delaware, supra, indicates that in order to invalidate a warrant it must be shown that the affiant made a deliberate falsehood or acted with reckless disregard for the truth, and it must be demonstrated that the challenged material is “material” or necessary to a finding of probable cause. United States v. Young Buffalo, 591 F.2d 506 (9th Cir. 1979), cert. denied 441 U.S. 950 , 99 S. Ct. 2178 , 60 L. Ed. 2d 1055 .”

   2 later decisions quote this exact passage
   e.g. State v. Lebron · State v. Marshall