People v. Rountree’s Empirical Analysis

Citation profile

69 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “On a defendant's motion, the court must order a change of venue 'when it * appears that there is a reasonable likelihood that a fair and impartial trial cannot be had in the county.' ( [Pen. Code] § 1033, subd. (a) ; see People v. Famalaro (2011) 52 Cal.4th 1 , 21 [ 127 Cal.Rptr.3d 40 , 253 P.3d 1185 ].) On appeal from the denial of a change of venue, we accept the trial court's factual findings where supported by substantial evidence, but we review independently the court's ultimate determination whether it was reasonably likely the defendant could receive a fair trial in the county. In deciding whether to change venue, the trial court, and this court in its independent review, considers several factors, including the nature and gravity of the offense, the nature and extent of the media coverage, the size of the community, the defendant's status within the community, and the victim's prominence. On appeal, a defendant challenging the court's denial of a change of venue must show both error and prejudice, that is, that it was not reasonably likely the defendant could receive a fair trial at the time of the motion, and that it is reasonably likely he did not in fact receive a fair trial.”

   1 later decision quote this exact passage
   e.g. 4 Cal. 5th 49 - People v. Rices

2. “To determine whether sufficient evidence supports a jury verdict, a reviewing court reviews the entire record in the light most favorable to the judgment to determine whether it discloses evidence that is reasonable, credible, and of solid value such that a reasonable jury could find the defendant guilty beyond a reasonable doubt.”

   1 later decision quote this exact passage
   e.g. 5 Cal. 5th 56 - People v. Hardy

3. “CALJIC No. 8.88's use of the words 'so substantial,' its use of the word 'warrants' instead of 'appropriate,' its failure to instruct the jury that a sentence of life is mandatory if mitigation outweighs aggravation, and its failure to instruct the jury on a 'presumption * of life' does not render the instruction invalid.”

   1 later decision quote this exact passage
   e.g. 7 Cal. 5th 14 - People v. Sanchez