State v. Sery’s Empirical Analysis

Citation profile

163 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 164 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““the legal guilt of the defendant exists only if the prosecution’s case rests on admissible evidence. The crux of the dispute is resolution of the alleged error on appeal, not factual guilt or innocence. The conditional plea is tailored to further the resolution of these specific issues at the reasonable expense of any state interest in obtaining finality in the proceedings. The plea continues to serve a partial state interest in finality, however, by establishing admission of the defendant’s factual guilt. The defendant stands guilty and proceedings come to an end if the reserved issue is ultimately decided in the government’s favor.” We see no logical inconsistency between a plea that admits factual guilt — or refuses to contest it — and the preserved claim on appeal that the government is constitutionally barred from being able to prove its case because of the illegal seizure of evidence.”

   5 later decisions quote this exact passage · from the majority
   e.g. State v. Montoya · State v. Montoya

2. “preserv[ing] [a] suppression issue for appeal.”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Smith · State v. Tirado

3. “allows withdrawal of the plea if [the] defendant's arguments in favor of suppression are accepted by the appellate court.”

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