State v. Diaz’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Justifiably relying on the prosecution’s assertion that it possessed no statements attributable to defendant, defense counsel was not prepared to counter the incul-patory evidence by way of cross-examination or otherwise. The introduction of the previously undisclosed statement may have denied defendant the opportunity required by due process to establish the best available defense. Further, the admission of the unexpected testimony may have diluted the effectiveness of defendant’s representation, thereby adversely affecting his federal and state constitutional rights to counsel. This right to the assistance of counsel is one of the fundamental elements of the due-process right to a fair trial. “Moreover, it would be unfair to allow the state the tactical advantage of su-prise gained by violating, whether intentionally or unintentionally, the rules of discovery. It is axiomatic that due process accords to criminal defendants the right to a fair trial. The defendant, having no prior notice whatsoever that the prosecutor possessed the statement attributed to him, learned of its existence along with the jury. * * * An attorney who expects, by reason of reliance upon the rules, that honest, accurate, and complete answers will be given in response to discovery requests can scarcely be effective if his expectations are wholly shattered in the course of a trial. His reaction will be one of surprise and occasionally consternation. In the instant case both reactions must have occurre”

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

2. ““The trial of a criminal case is not to be considered a poker game in which each player holds his [or her] cards close to his [or her] vest. It is, as are all trials, a search for the truth. The prosecution’s conduct is inexcusable.” Id. at 258 .”

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