Enlow v. State’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The issue of retrospective application of newly announced constitutional rules affecting criminal trials has been determined to rest on three considerations: 'The criteria guiding resolution of the question implicate (a) the purpose to be served by the new standards; (b) the extent of the reliance by law enforceement authorities on the old standards, and (c) the effect on the administration of justice of a retroactive application of the new standards.' Stovall v. Denno (1966), 388 U.S. 293, 297 , 87 S.Ct. 1967 , 18 L.Ed.2d 1199 . "It is clear that the most important and compelling of these three factors is the purpose to be served by the newly announced rule. Desist v. U.S. (1968), 394 U.S. 244 , 89 S.Ct. 1030 , 22 L.Ed.2d 248 ; Witherspoon v. Illinois (1968), 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 . If that purpose is to correct serious flaws in the fact finding process at trial then the rule is applied retrospectively. Roberts v. Russell (1968), 392 U.S. 293 , 88 S.Ct. 1921 , 20 L.Ed.2d 1100 . 'We have given complete retroactive effect to the new rule, regardless of good faith reliance by law enforcement authorities or the degree of impact on the administration of justice where the major purpose of new constitutional doctrine is to overcome an aspect of the criminal trial that substantially impairs its truth finding function and so raises serious questions about the accuracy of guilty verdicts in past trials. Adams v. Illinois (1972), 405 U.S. 278, 280 , 92 S.Ct. 91”

   3 later decisions quote this exact passage
   e.g. McPhearson v. State · Martin v. State

2. ““Moreover, in consideration of the impact of this decision on the administration of justice we should point out that we are not here concerned with the absolute retrospective application of the Lawrence decision. Because the appellant in this case is before us on a direct appeal from his conviction, the question raised in this case can be fully and completely answered by holding simply that Lawrence is applicable to those cases decided on direct appeal after September 11, 1972, the date Lawrence was handed down.” 261 Ind. at 352 , 303 N.E.2d at 660 .”

   2 later decisions quote this exact passage
   e.g. Prophet v. State · Burnett v. State

3. ““The best evidence, or original document, rule requires that when the terms of a document are to be proved the original document itself must normally be produced and placed in evidence since it represents the best evidence of its terms.” Enlow v. State, (1973) 261 Ind. 348, 353 , 303 N.E.2d 658, 660-61 .”

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