State v. Hernandez’s Empirical Analysis

Citation profile

11 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is unfortunate when prosecuting officials with otherwise strong evidence in support of a conviction choose to go beyond the legitimate evidence that is available to them and pursue other inflammatory and irrelevant triviality in quest of conviction.”

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

2. “By definition, armed criminal action incorporates all the elements of the underlying felony. An essential element of the underlying crime in [Hernandez ] was that the defendant acted with criminal negligence. It is the least culpable of the mental states and lacks the moral implication of intent, knowledge and recklessness. Such an element will not support a conviction of armed criminal action.”

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

3. “[i]n order to find that the use of the drinking slogans was not prejudicial, this court would have to find `beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.' Satterwhite v. Texas, 486 U.S. 249, 258-59 , 108 S.Ct. 1792, 1798 , 100 L.Ed.2d 284 (1988), citing Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824, 828 , 17 L.Ed.2d 705 (1967).”

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