State v. Lee’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the [petitioner] must show actual vindictiveness on the part of the prosecutor. To establish an actual vindictive motive ... the [petitioner] must show that (1) the prosecutor harbored genuine animus toward the [petitioner], or was prevailed upon to bring the charges by another with animus such that the prosecutor could be considered a stalking horse, and (2) [the petitioner] would not have been prosecuted except for the animus.”

   1 later decision quote this exact passage
   e.g. 169 Conn. App. 317 - Hanson v. Commissioner of Correction

2. “A ... court's factual findings on prosecutorial vindictiveness are reviewed for clear error and the legal principles which guide the ... court are reviewed de novo.”

   1 later decision quote this exact passage
   e.g. 169 Conn. App. 317 - Hanson v. Commissioner of Correction