People v. Hampton’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The prosecuting attorney may serve upon the defendant within a reasonable time before the trial a written notice specifying with reasonable certainty the contention of the prosecuting attorney as to the time when and the place where the defendant committed the offense charged. In that event the defendant, if he intends to introduce evidence that he was at a place other than that specified, shall serve upon the prosecuting attorney within a reasonable time after service of the prosecuting attorney’s notice a statement in writing specifying the place where he claims to have been and the names and addresses of the witnesses he will call to support the defense of alibi. Upon receiving this statement, the prosecuting attorney shall advise the defendant of the names and addresses of any additional witnesses who may be called to refute such alibi within a reasonable time after their identity becomes known. Neither the prosecuting attorney nor the defendant shall be permitted at the trial to introduce evidence inconsistent with his specification, unless the court for good cause and upon just terms permits the specification to be amended. If a defendant fails to make the specification required by this section, the court shall exclude evidence in his behalf that he was at a place other than that specified by the prosecuting attorney unless the court is satisfied upon good cause shown that such evidence should be admitted. 1”

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

2. “While the sanction of exclusion remains, within the limits of constitutional application, a matter of judicial discretion, several courts have held that, because of the significance of the rights at stake, the exercise of that discretion must be properly informed by an adequate inquiry into and consideration of the circumstances underlying the defendant’s noncompliance and the effect of the exclusion sanction on both the prosecution and the defense. The factors pertinent to the court’s ultimate determination include the following: [1] the reason for and the degree of culpability associated with the failure to timely respond to the prosecution’s specification of time and place; [2] whether and to what extent the nondisclosure prejudiced the prosecution’s opportunity to effectively prepare for trial; [2] whether events occurring subsequent to the defendant’s noncompliance mitigate the prejudice to the prosecution; [4] whether there is a reasonable and less drastic alternative to the preclusion of alibi [or other defense] evidence; [5] and any other relevant factors arising out of the circumstances of the case.”

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

3. “(6)(b) The period of delay caused by an interlocutory appeal whether commenced by the defendant or by the prosecution; (e) The period of delay caused by any mistrial, not to exceed three months for each mistrial; (f) The period of any delay caused at the instance of the defendant; (g) The period of delay not exceeding six months resulting from a continuance granted at the request of the prosecuting attorney, without the consent of the defendant if: (II) The continuance is granted to allow the prosecuting attorney additional time in felony cases to prepare the state’s case and additional time is justified because of exceptional circumstances of the case and the court enters specific findings with respect to the justification.”

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