State v. Hernandez’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although defendant’s whereabouts could have been known if probation and police authorities had proceeded with reasonable diligence, this does not require a holding, as a matter of law, that the probation violation had been waived. Before waiver can occur, the delay must have been unreasonable. Just as reasonable diligence is a factual matter, so is unreasonable delay. Only when these factual matters have been determined can waiver be decided as a matter of law. Reasonable diligence involves the activities of probation and law enforcement personnel. Delay, to be unreasonable, involves not only the time involved, but the effect of the delay upon defendant. [Citations omitted.] Thus, State v. Brown, 95 N.M. 3 , 617 P.2d 1324 (Ct.App.1980) and State v. Sanchez, 94 N.M. 521 , 612 P.2d 1332 (Ct.App.1980), in discussing delay, considered whether defendant had been prejudiced.”

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