State v. Chase’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The trial judge in the exercise of his discretion must balance the State’s interest in protecting the flow of information against the defendant’s need for information material to his defense. Because of the State’s interest involved, some showing greater than a bare assertion and supported by more than the mere desire to determine the informant’s identity must be made by the defendant. A legitimate question or doubt must be raised in the Court’s mind as to the affiant’s credibility before disclosure is warranted, but the level of showing adequate to vitiate the State’s interest need not be as great as that required by White [State v. White (Me. 1978), 391 A.2d 291 , which applied Franks] to compel an evidentiary hearing. The Court should bear in mind, at all times, the difficulty of raising substantial allegations regarding an affiant’s or informant’s conduct where the identity of the informant is unknown to the defendant.” State v. Chase (Me. 1982), 439 A.2d 526, 531 .”

   1 later decision quote this exact passage
   e.g. 121 Ill. App. 3d 1023 - People v. Freeman

2. “[W]here the defendant makes a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and if the allegedly false statement is necessary to the finding of probable cause, the Fourth Amendment requires that a hearing be held at the defendant’s request.”

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