Dye v. State’s Empirical Analysis

Citation profile

1 federal appellate · 34 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. “(1) that the group alleged to be excluded is a “distinctive” group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this un-derrepresentation is due to systematic exclusion of the group in the jury-selection process.”

   2 later decisions quote this exact passage · from the majority
   e.g. Breaston v. State · Williams v. State

2. “When remedial measures are warranted, a continuance is usually the proper remedy, but exclusion of evidence may be appropriate where the violation 'has been flagrant and deliberate, or so misleading or in such bad faith as to impair the right of fair trial”

   2 later decisions quote this exact passage
   e.g. State v. Fridy · Hooper v. State

3. “'Due process' is a term found in the Fourteenth Amendment of the U.S. Constitution. It does not appear in the Indiana Constitution. The closest state analog is the 'due course of law' provision in Article I, Section 12. Dye does not cite that provision, let alone offer a separate analysis based on the state constitution. Accordingly, any state constitution claim is waived. Valentin v. State , 688 N.E.2d 412 (Ind. 1997)”

   1 later decision quote this exact passage · from the concurrence
   e.g. Mark Lee Votra v. State of Indiana