Gale v. State’s Empirical Analysis

Citation profile

48 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) Disclosure of evidence by state. 1) Information Subject to Disclosure. * ⅜ * * * ⅜ (D) Reports of Examinations and Tests. — Upon written demand of a defendant, the state shall permit the defendant to inspect and copy or photograph any results or reports of physical or mental examinations, and of scientific tests or experiments, or copies thereof, which are within the possession, custody, or control of the state, the existence of which is known, or by the exercise of due diligence may become known, to the attorney for the state, and which are material to the preparation of the defense or are intended for use by the state as evidence in chief at the trial.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Vena v. State · Ceja v. State

2. “[a criminal defendant] does not have a general state or federal constitutional right to conduct wide-ranging criminal discovery in the state's files.”

   2 later decisions quote this exact passage
   e.g. Robert Olaf Anderson v. The State of Wyoming · Travis J. Kovach v. The State of Wyoming

3. “This issue involves Gale's assertion that the initial police interviews with the victims must have contained information that would potentially aid him in his defense. Gale does not argue that he was denied access to the interviewer's notes or that the trial court denied him the right to cross-examine any of the state's witnesses whose testimony could be traced to the initial victim interviews; he also foregoes any suggestion that the police or the state acted in bad faith concerning the content of the interviews. Instead, Gale argues that the lack of such recordings somehow deprived him of his best opportunity to judge what the victim's precise allegations and explanations for their allegations were when they were first uttered. Gale says this deprivation violates the holding in Trombetta , which he asserts stands for the legal proposition that the police have an affirmative constitutional duty to gather and preserve evidence, as well as the recognized duty to disclose exculpatory evidence. See Brady, 373 U.S. at 87 , 83 S.Ct. at 1196-97 , 10 L.Ed.2d at 218 . We disagree with Gale's interpretation of the law on this issue. This court held that the state does not have a constitutional duty to manufacture evidence in addition to its duty under Brady to disclose exculpatory evidence in its possession. We also specifically held that a deputy's apparent negligence in not properly tape recording a conversation between the defendant and the deputy did not violate the defendant's ri”

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