State v. Garcia’s Empirical Analysis

Citation profile

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

1. “Furthermore, defendant has not shown how he was prejudiced by this as the record shows that he was provided adequate due process in this matter. Strickland puts the burden on a. defendant to show prejudice and defendant has failed to carry this burden. Defendant was interviewed by a police officer fluent in Spanish, he signed a form advising him of his rights in Spanish, his interview was videotaped, and he was appointed counsel to represent him. Defendant’s own attorney was likely far better to explain the United States legal -system to him than any consular official would have been. Breard v. Greene, 523 U.S. 371, 377 , 118 S.Ct. 1352, 1355 , 140 L.Ed.2d 529 (1993). Defendant has offered no evidence whatsoever that the Mexican consulate could (or would) have offered any assistance that his attorney did not. See, Murgas v. United States, Not Reported in F.Supp.2d, 2002 U.S. Dist. LEXIS 6277 , 2002 WL 553462 (N.D.N.Y. 2002); Polanco v. United States, Not Reported in F.Supp.2d, 2000 U.S. Dist. LEXIS 10788 , 2000 WL 1072303 (S.D.N.Y. 2000).”

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

2. “| oThe Louisiana Supreme Court has held that the crucial question in determining whether an aggravated kidnapping has occurred is not whether the defendant intended to release the victim at either the outset of the crime or indeed at any point during the crime, but “whether the defendant sought to obtain something of value, be it sex or money or loss of simple human dignity, by playing upon the victim’s fear and hope of eventual release in order to gain compliance with his demands.” State v. Arnold, 548 So.2d 920, 924 (La.1989). Further, proof of intent to extort can be shown by “analyzing whether a reasonable person in the victim’s position would believe that she would not be safely released unless she complied with the kidnapper’s demands.” Id.; State v. Hill, 40,023 (La.App.2d Cir.09/21/05), 911 So.2d 379, 382 , writ denied, 06-1476 (La.03/09/07), 949 So.2d 434 .”

   1 later decision quote this exact passage
   e.g. 129 So. 3d 76 - State v. Segura

3. “Aggravated kidnapping is the doing of any of the following acts with the intent thereby to force the victim, or some other person, to give up anything of apparent present or prospective value, or to grant any advantage or immunity, in order to secure a release of the person under the offender’s actual or apparent control: (1) The forcible seizing and carrying of any person from one place to another; or (2) The enticing or persuading of any person to go from one place to another; or (8) The imprisoning or forcible secreting of any person.”

   1 later decision quote this exact passage
   e.g. 129 So. 3d 76 - State v. Segura