Bailey v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““... the Trial Court, properly we think, directed the Public Defender to either provide the requested funds or make an investigator available. But, after briefing by counsel and additional consideration of the issue raised by the litigation, we conclude that the ruling should be limited to this case and that, in the future, the Public Defender should not be required to provide an indigent who is represented by privately retained counsel with either an investigator or the funds to retain one. “We have reviewed carefully all of the Statutes governing the Office of the Public Defender and we are unable to find in them any express or inferential duty upon or authorization to the Public Defender to make personnel appointed by him, or funds appropriated to him, available to an indigent who is represented by retained counsel in a criminal case.””

   1 later decision quote this exact passage
   e.g. Office of the Public Defender v. Thompson

2. “[A] defendant who is indigent but who manages (through the assistance of others) to retain counsel is not entitled ... to funding from the Public Defender’s appropriation to employ an investigator as part of his defense effort.”). The Bailey Court was aware that this rule would produce a potentially anomalous result;”

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

3. “is consistent with the almost universal rule that, absent statutory authority, a court will not appoint a private investigator for an indigent defendant at public expense.”

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