Todd v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Reading this statute and considering its history, we believe the legislative intent was to allow the amendment of a eriminal charge when, in the trial court's discretion, the amendment could be permitted under such terms that would accord the defendant adequate opportunity to prepare his defense. To hold that this statute does not permit charges to be amended for other than form anytime after 30 days prior to the ommibus date would make subsection d superfluous. The question raised by the Supreme Court in Trotter would still be unanswered. Requiring the State to dismiss and refile a new charge would exalt form over substance. Such a requirement would cause additional and unnecessary preparation of pleadings and court hearings, possibly resulting in further delay of the trial. It might cause additional inconvenience and expense for the defendant such as repost-ing of bond, added attorney's fees and more publicity. The trial judge can set time limits in such a manner as to be fair to the defendant. Under the cireumstances in this case, allowing the State to amend the charges, giving the defendant adequate notice and hearing on the amendment, advising the defendant of the amendment and consequences therefore and allowing a continuance, if requested, would appear to be consistent with the legislative intent.”

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

2. “Reading this statute and considering its history, we believe the legislative intent was to allow the amendment of a criminal charge when, in the trial court's discretion, the amendment could be permitted under such terms that would accord the defendant adequate opportunity to prepare his defense. To hold that this statute does not permit charges to be amended for other than form anytime after 80 days prior to the omnibus date would make subsection d superfluous. * * * a % * The trial judge can set time limits in such a manner as to be fair to the defendant. Under the circumstances in this case, allowing the State to amend the charges, giving the defendant adequate notice and hearing on the amendment, advising the defendant of the amendment and consequences therefore [sic] and allowing a continuance, if requested, would appear to be consistent with the legislative intent.”

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

3. “To establish an adequate refusal under the implied consent statute, the arresting officer must convey the strong likelihood that suspension of driving privileges would follow the driver’s refusal to submit to a breathalyzer test. This is accomplished when the police officer informs the accused that refusal to take the test will result in the suspension of driving privileges.”

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