Coleman v. State’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Young] is unable to establish prejudice. A defendant is entitled to be tried on an indictment that is perfect in form. And, if an indictment is imperfect, a defendant may file a special demurrer challenging the form of the indictment. If no special demurrer is filed, any error in the indictment’s form is waived. If the demurrer is granted, the trial court quashes the indictment. However, the quashing of an indictment merely bars trial on the flawed indictment; it does not bar the State from reindicting the defendant. Thus, even if [Young’s] attorney had [successfully] filed a demurrer, it would not have prevented the State from reindicting and trying [Young]. And [Young] does not argue that the imperfect indictment prejudiced his defense in any way. Under these circumstances, [Young] has failed to show that he was prejudiced by his attorney’s failure to [appeal the denial of his special demurrer]. 27”

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

2. “Moreover, when trial has been had before the appellate court reviews the merits of the motion to quash, where no prejudice to defendant has occurred though the indictment... is not perfect, reversal is a mere windfall to defendant and contributes nothing to the administration of justice. Convictions are no longer reversed because of minor and technical deficiencies which do not prejudice the accused. Upon a proceeding after verdict, no prejudice being shown, it is enough that necessary facts appear in any form, or by fair construction can be found within the terms of the indictment. . . . Thus a defendant who was not misled to his prejudice by any imperfection in the indictment. . . cannot obtain reversal of his conviction on that ground. 21”

   1 later decision quote this exact passage
   e.g. 329 Ga. App. 369 - Walker v. the State

3. “A general demurrer ... challenges the sufficiency of the substance of the indictment, such as an allegation that an indictment contains a defect on its face affecting the substance and merits of the offense charged, like a failure to charge a necessary element of a crime.”

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