State v. Livingston’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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A motion for continuance is, of course, addressed to the sound discretion of the court. Where such motion has been based upon the contention that defendant’s counsel has not had time to prepare his case, its denial by the trial court has rarely been disturbed on appeal. It is axiomatic that determination of such motions must depend upon the particular facts and circumstances of each case. In State v. Middleton, 207 S. C. 478, 36 S. E. (2d) 742 , where counsel, appointed by the court at least eight days prior to the trial, moved for continuance upon the ground that they did not think that time sufficient for preparation of the case for trial, we held that the motion was properly denied. And in State v. Livingston, 223 S. C. 1, 73 S. E. (2d) 850, 853 , denial of a like motion was upheld where counsel for the defendant had been appointed by the court ‘three or four’ days prior to the date of trial.””

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

2. ““There is, in every criminal case, the presumption of the defendant’s sanity. The State may rely upon that presumption or, if contention of insanity is suggested, (as by the concluding words of the confession here), it may present testimony in anticipation of such contention.””

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