State v. Herrera’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If the prosecutor is not obligated to present evidence tending to negate guilt, the grand jury hears only what the prosecutor wants it to hear, with the result that the grand jury becomes a tool of the prosecutor and is no longer independently making the probable cause determination required by the statute. Section 31-6-10, N.M.S.A.1978. A knowing withholding of evidence tending to negate guilt is fundamentally unfair and violates due process. State v. McGill, [ 89 N.M. 631 , 556 P.2d 39 (Ct.App.1976)] supra.”

   1 later decision quote this exact passage
   e.g. Buzbee v. Donnelly

2. “due process requirement of presenting evidence tending to negate guilt is not to be determined on the basis of the prosecutor’s subjective belief; rather, the claim is to be determined by objectively analyzing the withheld evidence to determine whether, in fact, it tended to negate guilt.”

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