State v. Wacker’s Empirical Analysis

Citation profile

10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We believe that, as a matter of fair conduct, the government ought to be required to honor such an agreement when it appears from the record that: (1) an agreement was made; (2) the defendant has performed on his side; and (3) the subsequent prosecution is directly related to offenses in which the defendant, pursuant to the agreement, either assisted with the investigation or testified for the government. The courts have developed a concept of “nonstatutory immunity” whereby the courts will enforce informal or procedurally flawed grants of immunity on equitable grounds. These cases indicate that where the government has entered into an agreement with a prospective defendant and the defendant has acted to his detriment | 17or prejudice in reliance upon the agreement, as a matter of fair conduct, the government ought to be required to honor such an agreement.”

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