State v. James’s Empirical Analysis
1989
Citation profile
1 federal appellate · 26 state decisions
How this case has been cited
Cited by 27 later decisions — most recently October 2020 · most notably State v. Thurman (1993), State v. Gardner (1989)
1 federal appellate · 26 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Sheppard v. Maxwell · Nebraska Press Assn. v. Stuart · Blanton v. General Electric Credit Corp. · Filmon v. Florida · Johnson v. Florida
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 standing of the victim and the accused in the community; (2) the size of the community; (8) the nature and gravity of the offense; and (4) the nature and extent of publicity.”
5 later decisions quote this exact passage“(e)(i) If the prosecution or a defendant in a criminal action believes that a fair and impartial trial cannot be had in the jurisdiction where the action is pending, either may, by motion, supported by an affidavit setting forth facts, ask to have the trial of the case transferred to another jurisdiction. (ii) If the court is satisfied that the representations made in the affidavit are true and justify transfer of the case, the court shall enter an order for the removal of the case to the court of another jurisdiction free from the objection and all records pertaining to the case shall be transferred forthwith to the court in the other county. If the court is not satisfied that the representations so made justify transfer of the case, the court shall either enter an order denying the transfer or order a formal hearing in court to resolve the matter and receive further evidence with respect to the alleged prejudice.”
4 later decisions quote this exact passage““[Ajnother factor ... clinches our belief that a reasonable likelihood exists that defendant cannot receive a fair and impartial' trial in Cache County. Unlike any case which has come before this Court where it has been contended that a change of venue should have been granted, in the instant case there was a widespread community effort to locate the missing child. This effort touched many adults, schoolchildren, and businesses. They responded with money, material, and countless hours of labor. This community involvement brought many people much closer to this alleged crime than ordinarily occurs. One television news story reported that the events had ‘touched the community at its very core’; another news release quoted a Logan resident as saying, We’re-all taking this very personally. It’s as though someone has violated our homes ... our families.’ In State v. Wood, 648 P.2d 71 (Utah 1982), State v. Pierre, 572 P.2d 1338 (Utah 1977), cert. denied, 439 U.S. 882 , 99 S.Ct. 219 , 58 L.Ed.2d 194 (1978), State v, Lafferty, 749 P.2d 1239 (Utah 1988), and State v. Bishop, 753 P.2d 439 (Utah 1988), all recent capital murder cases in which we held that the trial court had not abused its discretion in denying motions for change of venue even though the crime in each case was heinous and aroused many of the populace, there was no community involvement. We believe this involvement gives the instant ease a very different dimension and accentuates the difficulty in seating a jury which ha”
2 later decisions quote this exact passage · from the concurrence
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.