Founts v. State’s Empirical Analysis

Citation profile

2 federal appellate · 32 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. A defendant in a criminal case who intends to offer evidence of an alibi in his defense shall, not less than 10 days before trial or at such other time as the court may direct, file and serve upon the district attorney a written notice of his intention to claim such alibi, which notice shall contain specific information as to the place at which the defendant claims to have been at the time of the alleged offense and, as particularly as are known to the defendant or his attorney, the names and addresses of the witnesses by whom he proposes to establish such alibi. 4. If a defendant fails to file and serve a copy of such notice as herein required, the court may exclude evidence offered by such defendant for the purpose of proving an alibi, except the testimony of the defendant himself. If such notice is given by a defendant, the court may exclude the testimony of any witness offered by the defendant for the purpose of proving an alibi if the name and address of such witness, as particularly as is known to the defendant or his attorney, is not stated in such notice.”

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

2. “Whether the testimony is sought to be introduced at such a late time in the course of the trial that even an adjournment for investigation would not cure the prejudice to the state, State v. Woodard, 246 A.2d 130, 134 (N.J.Super.App.Div. 1968); whether an excuse was shown for the omission, State v. Adair, 469 P.2d 823, 826 (Ariz. 1970); whether the information failed to describe the occurrence of the crime with sufficient specificity to enable the accused to prepare an alibi defense, Bush v. State, 454 P.2d 429, 434 (Kan. 1969); and whether the alibi had such substance as to have probative value to the defense, State v. Martin, 410 P.2d 132, 137 (Ariz.App. 1966).”

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

3. “Statutes such as NRS 174.087(1) which require notice to the prosecution when an alibi defense is contemplated are usually strictly applied. Annot. 30 A.L.R.2d 480 (1953). Strict compliance is compelled with the purpose of preventing the "popping up" of alibi witnesses at the eleventh hour when the prosecution will be unable to investigate the veracity of the alibi testimony. Williams v. Florida, 399 U.S. 78 , 90 S.Ct. 1893 , 26 L.Ed.2d 446 (1970); State v. Dodd, 101 Ariz. 234 , 418 P.2d 571 (1966); People v. Schadd (Schade), 161 Misc. 212 , 292 N.Y.S. 616 , 617 (Queen's County Ct. N.Y. 1936); State ex rel. Simos v. Burke, 41 Wis.2d 129 , 163 N.W.2d 177 (1968).”

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