Hernandez v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[elvidence is always relevant if it tends to prove or disprove one of the elements of the crime charged.”

   3 later decisions quote this exact passage
   e.g. Derek Earl Hill v. State · Lancaster v. State

2. “The challenged testimony, concerning the impact of the attempted murder on Romero, consisted of his descriptions of his injuries, his feelings at the time, and his remarks concerning a potential civil action against Geiger. The testimony describing Romero’s injuries was relevant and clearly justified as proof of the element of intent to kill. The nature of the injuries demonstrated Geiger’s aim and close proximity to Romero when she fired her pistol four times. Romero’s testimony concerning a possible civil action was in response to questions propounded by Gieger’s defense attorney during cross-examination. While some of the individual isolated questions and answers may have been irrelevant, as a whole, the testimony was relevant and any error presented by the irrelevant victim impact testimony was harmless.”

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

3. “[The law in Wyoming requires that, prior to resorting to deadly force, a defendant has a duty to pursue reasonable alternatives under the cireumstances, and that among those reasonable alternatives may be the duty to retreat.”

   1 later decision quote this exact passage
   e.g. Jorge Omero Mendoza v. State of Wyoming