State v. York’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[The] privilege is actually the State’s right of nondisclosure as to identity of those persons who supply law violation information to officers charged with enforcement of any such law. This privilege is premised upon public interest in maintaining the flow of information essential to law enforcement. To be weighed against that interest, however, is an accused’s right of access to facts necessary for the preparation and presentation of his defense, and to a fair trial. Therefore, any determination as to whether an informer’s identity is to be revealed requires a balancing of the aforesaid countering interests in light of the facts and circumstances peculiar to each case. Among facts to be considered in this weighing process are (1) nature of the offense charged; (2) defenses raised; and (3) potential significance of an informer’s testimony. The burden is inceptionally upon defendant to show cause for such disclosure. But when showing is made by an accused that an informer’s identity is material to his defense or essential to a fair trial the informer privilege disappears.”

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