Gilbert v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In order to determine whether the State’s investigative process violated appellant’s right to due process of law, we look to the “totality of the circumstances” of that investigation. Ex parte Brandley, [cite omitted]. Absent a showing of bad faith, failure to preserve potentially useful evidence does not, in and of itself, result in the denial of due process of law. Arizona v. Youngblood, 488 U.S. 51 , [57,] 109 S.Ct. 333, 337 , 102 L.Ed.2d 281 (1988); Brandley, 781 S.W.2d at 892 . Such a failure, however, in combination with other factors, can create the cumulative effect of a denial of a defendant’s due process rights. An investigative procedure that, considered in its totality, results in a trial lacking the rudiments of fairness violates the principle of due process. Brandley, 781 S.W.2d at 894 .”

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