Bragan v. Morgan’s Empirical Analysis

Citation profile

3 federal appellate · 1 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he Court is persuaded, by the preponderance of the evidence, that the State and Torbett had at least an implicit understanding that in exchange for. Torbett’s testimony at trial, he would receive lenient treatment. The Court also .finds by convincing evidence that under the State’s own admissions, defense counsel and the jury were misled about Torbett’s pending charges. Although it is evident that the defendant knew of Torbett’s February plea agreement [before his first escape], the Court is convinced that defense counsel believed the agreement was called off and not pending while Torbett testified.”

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

2. “Taking as true the State’s claim that the plea bargain was not made in exchange for Torbett’s testimony, on careful reading of Torbett’s testimony and the prosecutor’s closing argument, one could argue that the evidence presented was not perjurious. The questions posed to Torbett centered on whether a quid pro quo bargain had been struck, rather than any bargain whatsoever. Since the plea bargain had been consummated at the time of trial, it would be technically correct to say that Torbett still faced life in prison under the habitual criminal charge.”

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