People v. Bowman’s Empirical Analysis

Citation profile

1 district · 33 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(2) If the several offenses are known to the district attorney at the time of commencing the prosecution and were committed within his judicial district, all such offenses upon which the district attorney elects to proceed must be prosecuted by separate counts in a single prosecution if they are based on the same act or series of acts arising from the same criminal episode. Any offense not thus joined by separate count cannot thereafter be the basis of a subsequent prosecution. "(3) When two or more offenses are charged as required by subsection (2) of this section and they are supported by identical evidence, the court upon application of the defendant may require the state, at the conclusion of all the evidence, to elect the count upon which the issues shall be tried. If more than one guilty verdict is returned as to any defendant in a prosecution where multiple counts are tried as required by subsection (2) of this section, the sentences imposed shall run concurrently ; except that, where multiple victims are involved, the court may, within its discretion, impose consecutive sentences.”

   2 later decisions quote this exact passage
   e.g. People v. DeBoer · People v. Fry

2. “Kevin Toliver, who was eighteen years old at the time of trial, testified that the family had moved to Denver from Chicago a few months before the fire because Ms mother wanted a “change of life.” He stated that on the afternoon of the incident he picked up his little brother Vincent in his car, and the two boys then met their mother at a restaurant-lounge. They purchased four fish dinners to go, and returned to the apartment, where they found the defendant. The defendant was angry that they had purchased only four dinners, and he began to argue with Kevin. Mrs. Bowman then asked Kevin to leave, and he drove to a friend’s apartment. Kevin returned home later that evening to find that the firemen and police officers were present. Kevin also testified that he had seen a white plastic antifreeze container in the trunk of Bowman’s car on the day before the fire. On cross-examination, defense counsel attempted to establish that Kevin had lied about seeing the antifreeze container the day before the fire and also had lied about the reasons for the family’s move to Denver. When defense counsel mquired: “To your knowledge, was anyone else in the family having problems in Chicago?” the trial court sustained the district attorney’s objection. Out of the hearing of the jury [at the first trial], defense counsel made an offer of proof that Kevin’s younger brother Anthony was in “some trouble” in Chicago, and argued that Kevin properly could be cross-examined about it to impeach his accou”

   1 later decision quote this exact passage
   e.g. 172 F. App'x 819 - Bowman v. Neal

3. “[a]s in People v. Elkhatib, ... “there was no evidence of coercion, either in the form of an officer’s claim of lawful authority to search regardless of the defendant’s permission, or a threat or subtle promise calculated to flaw the defendant’s judgment.... Nor is there any evidence of deception as to the officer’s stated purpose” in examining the pants.”

   1 later decision quote this exact passage
   e.g. People v. Cleburn