State v. Fixel’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 7 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[o]nly a “fundamental” violation of [a rule of criminal procedure] requires automatic suppression, and a violation is “fundamental” only where it, in effect, renders the search unconstitutional under traditional fourth amendment standards. Where the alleged violation ... is not “fundamental” suppression is required only where: (1) there was “prejudice” in the sense that the search might not have occurred or would not have been so abrasive if the [r]ule had been followed, or (2) there is evidence of intentional and deliberate disregard of a provision of the [r]ule.... ... It is only where the violation also implicates fundamental, constitutional concerns, is conducted in bad-faith or has substantially prejudiced the defendant that exclusion may be an appropriate remedy.”

   1 later decision quote this exact passage
   e.g. State v. Ribe

2. “Defendant agreed, quoted the selling price, and then personally delivered the contraband and received the money at his apartment. He did not purport to merely find, direct, and introduce the officer to another drug dealer. The trial court was not required to believe defendant’s claim that he did not receive any benefit or keep any of the money he received for making the sale.”

   1 later decision quote this exact passage
   e.g. State v. Moore