State v. Frye’s Empirical Analysis

Citation profile

2 federal appellate · 38 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Both this Court, and the United States Supreme Court have declared once an accused has a lawyer, “a distinct set of constitutional safeguards aimed at preserving the sanctity of the attorney-client privilege takes effect.” Absent waiver of the right, an important safeguard provided by the Sixth Amendment is the general prohibition of state initiated questioning of an accused who is represented by counsel during all critical stages of criminal proceedings once formal adversarial proceedings have begun, except where counsel is, present or is informed of the interrogation. The problem lies in determining what actions mark the inception of formal adversarial proceedings, (citations omitted)”

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

2. “[wjhile a trial court may dismiss a charging instrument to remedy a constitutional violation, the dismissal of an indictment is “a drastic measure only to be used in the most extraordinary circumstances.” Therefore, where there is no constitutional violation, or where the [defendant’s] rights were violated but dismissal of the indictment was not necessary to neutralize the taint of the unconstitutional action, the trial court abuses its discretion in dismissing the charging instrument without the consent of the State.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Patricia Ann Tope v. State

3. “[A] court has the power to dismiss a case without the State’s consent in certain circumstances, such as when a defendant has been denied a speedy trial, when there is a defect in the charging instrument, or, pursuant to Article 32.01, when a defendant is detained and no charging instrument is properly presented. The power to dismiss in these circumstances is authorized by common law or statute and does not give rise to a general right to dismiss in contravention of the general rule stated in Anderson.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Terrazas