Fleming v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a] trial judge has the responsibility to direct the trial in a manner that facilitates the ascertainment of truth, ensures fairness, and obtains economy of time and effort commensurate with the rights of society and the criminal defendant. Where there has been a failure to comply with discovery procedures, the trial judge is usually in the best position to determine the dictates of fundamental fairness and whether any resulting harm can be eliminated or satisfactorily alleviated .... The trial court must be given wide discretionary latitude in discovery matters since it has the duty to promote the discovery of truth and to guide and control the proceedings, and will be granted deference in assessing what constitutes substantial compliance with discovery orders. Absent clear error and resulting prejudice, the trial court’s determinations as to violations and sanctions should not be overturned.”

   2 later decisions quote this exact passage
   e.g. Lindsey v. State · Geiger v. State

2. “When remedial measures are warranted, a continuance is usually the proper remedy, but exclusion of evidence may be appropriate where the violation 'has been flagrant and deliberate, or so misleading or in such bad faith as to impair the right of fair trial”

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

3. “Failure to request a. continuance, where a continuance may be an appropriate remedy, constitutes a waiver of any alleged error pertaining to noncompliance with the trial court's discovery order.”

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