Deberry v. State’s Empirical Analysis

Citation profile

1 district · 50 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'[I]f the duty to preserve evidence has been breached, a Delaware court must consider "(1) the degree of negligence or bad faith involved; (2) the importance of the missing evidence, considering the probative value and reliability of secondary or substitute evidence that remains available; and (3) the sufficiency of the other evidence used at trial to sustain conviction.”

   8 later decisions quote this exact passage
   e.g. Terrell v. State · Hammond v. State

2. “1) would the requested material, if extant in the possession of the State at the time of the defense request, have been subject to disclosure under Criminal Rule 16 or Brady? 2) if so, did the government have a duty to preserve the material? 3) if there was a duty to preserve, was the duty breached, and what consequences should flow from a breach?”

   5 later decisions quote this exact passage
   e.g. Lunnon v. State · Hammond v. State

3. “Superior Court Criminal Rule 16(b) provides in part: Other Books, Papers, Documents or Tangible Objects. The defendant may serve upon the Attorney General a request to permit the defendant or someone acting on his behalf to inspect and copy or photograph designated books, papers, documents, tangible objects, buildings or places, copies or portions thereof which are within the possession, custody or control of the State, upon a showing that the items sought may be material to the preparation of his defense and that the request is reasonable. ...”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Hughes v. State · Bailey v. State