Martinez 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. “While it is true that a preliminary hearing usually affords the accused an opportunity to learn in advance of trial something of the nature of the evidence upon which the government will rely, we do not agree that its principal function is that of providing pre-trial discovery. The main purpose of a preliminary hearing is to protect the accused from unwarranted incarceration, while awaiting action by the grand jury, by determining whether there is a basis for holding him until the grand jury has reviewed the facts. After the grand jury has acted on the accused’s case and returned an indictment no reason exists for conducting a hearing to determine whether probable cause exists for detaining the accused. The fact that the grand jury acts on the accused’s case before a scheduled preliminary hearing does not amount to illegal prejudice.”

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

2. “Rights of Accused — In all criminal prosecutions, the accused shall have the right to a speedy and public trial, by an impartial jury of twelve, except that the legislature may provide for a jury of not more than twelve nor less than six in courts not of record. The accused is entitled to be informed of the nature and cause of the accusation; to be released on bail, except for capital offenses when the proof is evident or the presumption great: to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

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

3. “Commitment of Defendant. At the completion of the preliminary examination, if it appears to the [district judge or magistrate] * * * that a crime has been committed and that there is sufficient cause to believe that the defendant is guilty of that crime, the [district judge or magistrate] * * * shall enter an order holding the defendant to answer to the crime and committing him to proper custody. The [district judge or magistrate] * * * shall admit the defendant to bail as provided by law and these rules.”

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