State v. Hernandez’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “But the statute does not contemplate that exercise of discretion in determining whether to order the testing in the first instance.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. George · State v. Angelo

2. “'a "probabilistic determination about what reasonable, properly instructed jurors would do”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. George · State v. Angelo

3. “[W]e disagree with the panel's assessment that the absence or presence of DNA from Hernandez, his wife, and/or C.H., in whatever combination, or in conjunction with third party DNA, could never tend to prove or disprove the materially disputed fact that sex acts between Hernandez and C.H. occurred in his bed or her bed. For instance, the presence of DNA from Hernandez and/or his wife on their bed, coupled with the absence of C.H.'s DNA, would tend to disprove that Hernandez sexually abused C.H. on that bed. Similarly, the presence of DNA from C.H. and/or her boyfriend on her bed, without any DNA from Hernandez, would be exculpatory evidence.”

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