State v. Dougherty’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We do not have broad discovery in criminal cases in Tennessee. Discovery in criminal cases is limited by T.C.A. Sections 40-2044 and 40-2441. West v. State, Tenn.Cr.App., 466 S.W.2d 524 (1971).” “Under the allegations of the petition, the trial judge arbitrarily ignored the statutory and case law of this State in accepting the definition of the term ‘work product’ as used in T.C.A. Section 40-2044 as promulgated by the American Bar Association.” “Accordingly, we are of the opinion the Criminal Court of Appeals acted illegally in holding there was no factual averment made in the petition before it that the trial court acted illegally by the exercise of judicial discretion.” “Under the allegations of the petition, the trial judge exceeded the jurisdiction conferred by T.C.A. Sections 40-2044 and 40-2441 and acted arbitrarily in ignoring the restrictions of those statutes by adopting the definition of the term ‘work product’ of the American Bar Association.” “ ‘Discretion must not be arbitrary; discretion depends upon the rules of law, and should be so exercised that the administration of law should be uniform and alike to all.’ Bob v. State, 10 Tenn. 174 (1826).””

   2 later decisions quote this exact passage · from the majority
   e.g. Carroll v. State · State v. Stephens

2. ““Therefore, the writ of certiorari issuing herein is referable to T.C.A. Section 27-801 which authorizes that writ in cases where an inferior tribunal ‘has exceeded the jurisdiction conferred, or is acting illegally, when, in the judgment of the court, there is no other plain, speedy, or adequate remedy.’ Hicks v. Hicks, 168 Tenn. 539 , 79 S.W.2d 802 (1935); Moore v. Chadwick, 170 Tenn. 223 , 94 S.W.2d 49 (1936). * * * ⅝ * * We do not have broad discovery in criminal cases in Tennessee. Discovery in criminal cases is limited by T.C.A. Sections 40-2044 and 40-2441. West v. State [3] Tenn.Cr.App. [671], 466 S.W.2d 524 (1971).””

   2 later decisions quote this exact passage · from the majority
   e.g. Dearborne v. State · State v. Gant

3. “[I]t is apparent the State has no other plain, speedy or adequate remedy. In the event [defendants] should be convicted the question would be moot and in the event [they] were acquitted the State has no right of appeal. (Emphasis supplied). 483 S.W.2d at 92 .”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Johnson