State v. Bray’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. “"Although the constitutional duty is triggered by the potential impact of favorable but undisclosed evidence, a showing of materiality does not require a demonstration by a preponderance that disclosure of the * * * evidence would have resulted ultimately in the defendant's acquittal[.] * * * [The] touchstone of materiality is a 'reasonable probability' of a different result, and the adjective is important. The question is not whether the defendant would more likely than not have received a different verdict with the evidence, but whether in its absence he received a fair trial, understood as a trial resulting in a verdict worthy of confidence. A 'reasonable probability' of a different result is accordingly shown when the [failure to provide the evidence] 'undermines confidence in the outcome of the trial.' "”

   1 later decision quote this exact passage
   e.g. 291 Or. App. 729 - State v. Guffey

2. “"(1) If books, papers or documents are required, a direction to the following effect shall be added to the form provided in ORS 136.575 : 'And you are required, also, to bring with you the following: (describing intelligibly the books, papers or documents required).' "(2) Upon the motion of the state or the defendant, the court may direct that the books, papers or documents described in the subpoena be produced before the court prior to the trial or prior to the time when the books, papers or documents are to be offered in evidence and may, upon production, permit the books, papers or documents to be inspected and copied by the state or the defendant and the state's or the defendant's attorneys."”

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

3. “The United States Supreme Court has likewise held that '[i]t is the manifest duty of the courts to vindicate [the Sixth Amendment Confrontation Clause], and to accomplish that it is essential that all relevant and admissible evidence be produced,' including 'documents,' even where the possessor lodges a privacy-based claim of exemption.”

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