State v. Hayes’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The flaunting of the prosecutor's authority to favor the state at the defendant’s expense must be evident. ⅜ ⅜ * But the flaunting of the prosecutor’s authority is merely a gateway consideration to granting a motion to quash on these grounds. The granting of a motion to quash on the ground of prosecutorial abuse of its authority is dismissal with prejudice. [[Image here]] Because of the severe remedy, a trial court may not quash the formal charges and dismiss them with prejudice when the prosecution’s abusive exercise of its authority simply disrupts a trial court’s conduct of the proceedings or challenges the court’s authority to manage its docket, but does not significantly disadvantage the defense at any forthcoming trial. Thus, a finding of the prosecution’s abusively exercising its authority is necessary but not sufficient to the sustaining of a motion to quash. The defendant must show that the district attorney’s abusive exercise of its power actually violates the defendant’s constitutional right to a fair trial.... Thus, we conclude, a prosecutor’s evident, flagrant, objectionable, and ill-motivated "flaunting” is not in itself specific prejudice to the defense at a forthcoming trial. In order to sustain a motion to quash, the resulting specific prejudice to his right to a fair trial must be shown by the defendant. [Emphasis added].”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Sanders

2. “Subject to the supervision of the attorney general, as provided in Article 62, the district attorney has entire charge and control of every criminal prosecution instituted or pending in his district, and determines whom, when, and how he shall prosecute.”

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

3. “discretionary choices are not left to a court’s inclination, but to its judgment,’’ which is guided by sound legal principles)). If a trial judge in exercising her discretion”

   1 later decision quote this exact passage · from the concurrence
   e.g. 146 So. 3d 662 - State v. Dixon