30 F. Supp. 2d 468 - Smith v. Holtz’s Empirical Analysis

Citation profile

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. “In order for issue preclusion to apply to this case, Defendants, Officers Ratzlaff and Serrate, who are the arresting officers in Plaintiffs criminal proceeding, must have been parties to that criminal proceeding or in privity with the parties in that action. Clearly, the officers were not parties to Plaintiffs criminal proceeding. Plaintiffs opponent was the State of Oklahoma. Officers Ratzlaff and Serrate had no control over the prosecution of the criminal case and their role ‘at the [preliminary] hearing was simply that of a witness for the prosecution.’ The officers ‘could not call witnesses, ... direct the examination of the State’s witnesses, ... [or] choose the counsel who represented the State at the suppression hearing. Nor could the officers appeal the ruling once it was made.’ Although Oklahoma courts have not addressed the precise problem that confronts us, we also believe that, under Oklahoma’s definition of privity, the officers were not in privity with the State of Oklahoma. The officers are being sued in their individual capacity in this action and their personal interests, which were not at stake in the criminal proceeding, differ from Oklahoma’s interests. ‘The mere fact that [the officers] happened] to be interested in a particular question, or in proving a state of facts as may have been presented in [the prior action,] ... does not establish that they were in privity with any of the parties in that action.’ Because the officers were neither parties nor pr”

   1 later decision quote this exact passage · from the majority
   e.g. 143 F. Supp. 2d 453 - Padilla v. Miller

2. “determined that Ms. Reinert had sustained massive hemorrhaging in the eye area and abrasions over her body. He also opined that certain prominent bruises on the back of the body... were consistent with the imprint of a chain. The cause of death was determined to be asphyxiation from an overdose of morphine, which was consistent with having been caused by criminal agency.”

   1 later decision quote this exact passage · from the majority
   e.g. Jay Smith v. John Holtz

3. “on the earth's surface. 17 The District Court described the testimony as follows: 18 The quartz was examined by two forensic geologists. One was Christopher Fiedler of the FBI laboratory in Washington, D.C. He concluded that the quartz was”

   1 later decision quote this exact passage · from the majority
   e.g. Jay Smith v. John Holtz