244 Ga. App. 874 - Hernandez v. State’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. “Defense counsel sought to show [the witness’s] motive, bias, or interest in cooperating with the State and testifying against [the defendant]. A crucial difference exists between this type of cross-examination and mere impeachment by showing contradictory facts or a general lack of trustworthiness because of a prior criminal conviction. The former is constitutionally protected, while the latter is not. A witness’s bias may be exposed by showing that he has benefitted or hopes to benefit from his cooperation with the prosecution in this case. The prosecutor’s concern that revealing a sentencing differential would engender sympathy for [the defendant] may well have been realistic. But any such reaction was inherent in the facts of the case. The evidence showed that [the defendant’s] role in the crimes was more passive than those of the other two participants. The State was responsible for the sentencing disparity by offering reduced sentencing in exchange for testimony against [the defendant]. Moreover, the State did not move in limine to limit cross-examination. If genuine concerns existed, they could have been addressed by establishing proper boundaries or by carefully instructing the jury.”

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