Williams v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[An order to disclose] would be appropriate where the noncompliance is attributable to inadvertence or confusion and where prompt compliance would give the receiving party the benefit of the disclosure. . . . The court is also authorized to order a continuance. A continuance alone would be appropriate where the necessary disclosures were made too late to be of use, while a continuance might accompany an order for disclosure where even a prompt disclosure would not permit the receiving party to benefit from the disclosure. . . . Finally, the court is authorized to “enter such other order as it deems just under the circumstances.” The general authorization to tailor a remedy to fit the circumstances is intended to give a full rein to “the ingenuity of trial courts with respect to matters peculiarly suited to their judgment and administration.” .. . The exclusion sanction is not recommended because its results are capricious. Thus, exclusion of prosecution evidence may produce a disproportionate windfall for the defendant, while exclusion of defense evidence may lead to an unfair conviction. Either result would defeat the objectives of discovery. In addition, the exclusion of defense evidence raises significant constitutional issues. [Footnotes omitted.]”

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

2. “If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may order such party to permit the discovery or inspection, grant a continuance, or prohibit the party from introducing evidence not disclosed, or it may enter such other order as it deems just under the circumstances.”

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

3. “Failure to produce evidence under Rule 16, however, does not automatically result in exclusion of evidence. The appropriate remedy ... is within the trial court’s discretion. Exclusion of the evidence is simply one alternative available for the court.”

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