State v. Souza’s Empirical Analysis

Citation profile

2 federal appellate · 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[N]o fixed rule with respect to disclosure is justifiable. The problem is one that calls for balancing the public interest in protecting the flow of information against the individual’s right to prepare his defense. Whether a proper balance renders nondisclosure erroneous must depend on the particular circumstances of each case, taking into consideration the crime charged, the possible defenses, the possible significance of the informer’s testimony, and other relevant factors.” State v. Souza, 425 A.2d 893, 896 (R.I.1981) (quoting Roviaro v. United States, 353 U.S. 53, 62 , 77 S.Ct. 623, 628-29 , 1 L.Ed.2d 639, 646 (1957)).”

   2 later decisions quote this exact passage
   e.g. State v. Hernandez · State v. Clark

2. ““before deliberation the court may instruct the jury: (1) that in order to return a verdict, each juror must agree thereto; (2) that jurors have a duty to consult with one another and to deliberate with a view to reaching an agreement, if it can be done without violence to individual judgment; (3) that each juror must decide the case for himself [or herself], but only after an impartial consideration of the evidence with his [or her] fellow jurors; (4) that in the course of deliberations, a juror should not hesitate to re-examine his [or her] own views and change his [or her] opinion if convinced it is erroneous; and (5) that no juror should surrender his [or her] honest conviction as to the weight or effect of the evidence solely because of the opinion of his [or her] fellow jurors, or for the mere purpose of returning a verdict.” Patriarca, 112 R.I. at 53 , 308 A.2d at 322 ; see also Souza, 425 A.2d at 899, 908 .”

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

3. “`So far as the Fourteenth Amendment is concerned, the presence of a defendant is a condition of due process to the extent that a fair and just hearing would be thwarted by his absence, and to that extent only.' Snyder v. Massachusetts, 291 U.S. 97, 107-08 , 54 S.Ct. 330, 333 , 78 L.Ed. 674, 679 (1934). To the extent that Rule 43 of the Superior Court Rules of Criminal Procedure grants a broader right of presence than does the Fourteenth Amendment, it too guarantees substantial as opposed to shadowy or theoretical rights of presence. The rule does not require that a `defendant has a right to be present at all occurrences after the impaneling of the jury — but only to those occurrences that concern the guilt or innocence of defendant or affect his ability to defend against the charges' in the case. State v. LaChappelle, 424 A.2d 1039 (R.I.1981).”

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