People v. Gamache’s Empirical Analysis

Citation profile

165 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 167 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If you find that a defendant was in conscious possession of recently stolen property, the fact of that possession is not by itself sufficient to permit an inference that the defendant is guilty of the crimes of robbery and grand theft. Before guilt may be inferred there must be corroborating evidence tending to prove defendant's guilt. However, this corroborating evidence need only be slight and need not by itself be sufficient to warrant an inference of guilt. [¶] As corroboration you may consider the attributes of possession[-]time, place, and manner[,] that the defendant had ... an opportunity to commit the crime charged, the defendant's conduct, a false account of how he acquired possession of the stolen property, and any other evidence which tends to connect the defendant with the crime charged.”

   1 later decision quote this exact passage
   e.g. 6 Cal. 5th 1012 - People v. Potts

2. “[T]he law at the time of both his 1992 crime and 1996 sentencing called for the trial court to consider his ability to pay in setting a restitution fine, and [the defendant] could have objected at the time if he believed inadequate consideration was being given to this factor. (See Gov. Code, former § 13967, subd. (a), as amended by Stats. 1992, ch. 682, § 4, p. 2922 [restitution fine 'subject to the defendant's ability to pay']; Pen. Code, § 1202.4, subd. (d) [trial court shall consider 'defendant's inability to pay'].)”

   1 later decision quote this exact passage
   e.g. 5 Cal. 5th 1 - People v. Edward

3. “[W]hen an accused has invoked his right to have counsel present during custodial interrogation, a valid waiver of that right cannot be established by showing only that he responded to further police-initiated custodial interrogation .... [There is to be no] further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with the police.”

   1 later decision quote this exact passage
   e.g. 7 Cal. 5th 620 - People v. Molano