State v. Lewis’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We are not unmindful of the need for trial judges to maintain control over discovery and to assure orderly and timely compliance with the rules of criminal procedure. We are, furthermore, not unsympathetic with Judge Hodge’s [sic] efforts to deal in this case with a troublesome situation involving repeated discovery violations by the prosecution which, on the whole, displayed a lamentable disregard of its duty to comply with the rules of discovery and the court’s orders aimed at assuring compliance with the rules. However, we believe that the trial court’s authority to impose costs and monetary sanctions and its ability to exercise the contempt powers provided for by law afford a sufficient range of alternatives by which the seriousness of such discovery violations could be impressed upon the prosecution. In the absence of substantial prejudice to the defendant’s case, we believe that appropriate redress for discovery violations should normally lie in the use of these alternatives.”

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

2. “(a) If an applicable discovery rule or an order issued pursuant thereto is not promptly implemented, the court should do one or more of the following: (i) order the noncomplying party to permit the discovery of the material and information not previously disclosed; (i) grant a continuance; (iii) prohibit the party from calling a witness or introducing into evidence the material not disclosed, subject to the defendant's right to present a defense and provided that the exclusion does not work an injustice either to the prosecution or the defense; and/or (iv) enter such other order as it deems just under the circumstances.”

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

3. “[Njumerous Alaska cases have indicated that if there is a violation of the discovery rules the appropriate remedy is generally for the trial court to grant a continuance. The leading case is Des Jardins v. State, 551 P.2d 181, 187 (Alaska 1976) where the court said: The proper procedure for a trial court faced with prosecution failure to disclose to the defense evidence that it is required to provide, until just before it plans to use such evidence, is to grant a continuance long enough to allow the defense attorney adequate time to prepare.”

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