Estep v. Commonwealth’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, the purpose of a “missing evidence” instruction is to cure any Due Process violation attributable to the loss or destruction of exculpatory evidence by a less onerous remedy than dismissal or the suppression of relevant evidence .... Second, the Due Process Clause is implicated only when the failure to preserve or collect the missing evidence was intentional and the potentially exculpatory nature of the evidence was apparent at the time it was lost or destroyed. None of the above precludes a defendant from exploring, commenting on, or arguing inferences from the Commonwealth’s failure to collect or preserve any evidence. It just means that absent some degree of “bad faith,” the defendant is not entitled to an instruction that the jury may draw an adverse inference from that failure.”

   2 later decisions quote this exact passage · from the majority
   e.g. Roark v. Commonwealth · Bessinger v. Commonwealth

2. “The law of the case doctrine does not apply where the controlling law changes in the interim, and the issue is not ripe until the change in controlling law occurs; otherwise, “Application of the law of the case doctrine would require every defendant and every prosecutor to immediately challenge every aspect of the law involved in the case or forever be denied relief.””

   1 later decision quote this exact passage · from the concurrence
   e.g. St. Clair v. Commonwealth

3. “Due Process violation [is] attributable to the loss or destruction of exculpatory evidence....”

   1 later decision quote this exact passage · from the majority
   e.g. White v. Com. of Ky.