State v. Hernandez’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Judicial discretion is abused if judicial action (1) is arbitrary, fanciful, or unreasonable, i.e., if no reasonable person would have taken the view adopted by the trial court; (2) is based on an error of law, i.e., if the discretion is guided by an erroneous legal conclusion; or (3) is based on an error of fact, i.e., if substantial competent evidence does not support a factual finding on which a prerequisite conclusion of law or the exercise of discretion is based. [Citation omitted.]””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Burns

2. “one charge is a lesser included offense of the other, it was error to instruct on these charges as if they were alternative crimes. . . . When a defendant is convicted of multiplicitous offenses, the court must vacate the lesser sentence and impose sentence only on the greater offense.”

   1 later decision quote this exact passage · from the majority
   e.g. – State v. Harris –

3. “When a jury, contrary to the court's instructions, finds a defendant guilty of both the completed crime and an attempt of the same crime, it is the duty of the trial court to order the jury to reconsider and correct its verdict.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Brown