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← 859 NE2D 1201 - Fajardo v. State

Fajardo v. State’s Empirical Analysis

2007

Citation profile

81
cited by 81 later decisions
4
states following
March 2019
most recently cited

4 federal appellate · 1 district · 74 state decisions

Relationships

Relies on Oklahoma v. New Mexico · Irwin v. Department of Veterans Affairs · Licht v. Texas Commerce Bank · Youngberg v. United States · Fischer v. United States

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

  1. “[A]n amendment is one of form, not substance, if both (a) a defense under the original information would be equally available after the amendment, and (b) the accused’s evidence would apply equally to the information in either form. And an amendment is one of substance only if it is essential to making a valid charge of the crime.”
    33 later decisions quote this exact passage
  2. “(b) The indictment of information may be amended in matters of substance or form, and the names of material witnesses may be added, by the prosecuting attorney, upon giving written notice to the defendant, at any time up to: thirty (30) days if the defendant is charged with a felony .... before the omnibus date.”
    6 later decisions quote this exact passage
  3. “An amendment of an indictment or information to include a habitual offender charge ... must be made at least thirty (30) days before the commencement of trial. However, upon a showing of good cause, the court may permit the filing of a habitual offender charge at any time before the commencement of the trial if the amendment does not prejudice the substantial rights of the defendant. If the court permits the filing of a habitual offender charge less than thirty (30) days before the commencement of trial, the court shall grant a continuance at the request of the: (1) state, for good cause shown; or (2) defendant, for any reason.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.