People v. DiPiazza’s Empirical Analysis

Citation profile

3 federal appellate · 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * Whether or not a change of venue should be granted rests in the sound discretion of the trial court (see, e. g., People v. Buchalter, 289 N.Y. 244 , 45 N.E.2d 425 ; People v. Hyde, 149 App.Div. 131, 134 , 133 N.Y.S. 780 , supra), and a number of cases have held that newspaper comment alone, even though extensive, ‘does not establish inability to get a fair trial.’ (People v. Broady, 195 Misc. 349, 350 , 90 N.Y.S.2d 864 ; see People v. Hyde, 149 App.Div. 131 , 133 N.Y.S. 780 , supra.) Moreover, the court’s discretion will not be disturbed unless the newspaper articles are of such a sensational character as to excite local popular passion and prejudice so that the defendant will not be able to have the fair trial to which he is entitled. “In the case before us, there was no such proof of passion or prejudice. Although the community was small and the defendant’s crime and the events leading up to it widely known, the pretrial newspaper accounts were surprisingly objective. The victim’s funeral and the members of her family were sympathetically portrayed and the defendant’s action was described as having caused a widespread reaction and aroused deep feeling. But there was very little written that could be said to be affirmatively hostile to him. * * * ””

   1 later decision quote this exact passage
   e.g. 52 Ala. App. 668 - Mathis v. State