Gaines v. Hess’s Empirical Analysis

Citation profile

26 federal appellate · 2 district · 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Such a procedure will limit the extent of the disclosure of the informant’s identity and information, thereby protecting the State’s interest in avoiding unnecessary disclosure, while at the same time it will safeguard defendant’s right to the testimony of any accessible witness who may be significantly helpful to his [or her] defense.”

   4 later decisions quote this exact passage · from the majority
   e.g. United States v. Moralez · State v. Washington

2. ““[Withholding the identity of an informant who may be critical to the conduct of the defense infringes the defendant’s constitutional right to a fair trial, which obviously includes the right to adequately prepare and present that defense. Roviaro clearly establishes that a blanket disclosure rule is not required. Only under circumstances in which nondisclosure would deprive the defendant of his due process right to a fundamentally fair trial is disclosure constitutionally mandated.””

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

3. “with the other federal courts that have actually ruled in the context of habeas corpus proceedings, that disclosure of an informant's identity in situations analogous to Roviaro is mandated by the Constitution”

   1 later decision quote this exact passage · from the majority
   e.g. 410 N.J. Super. 410 - State v. Adim