Germany v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(C) If a continuance is proposed by the state or the court, the defendant shall be notified. If the defendant objects, the defendant must show in writing how the delay may prejudice the defense.”

   2 later decisions quote this exact passage
   e.g. Osban v. State · Vlahos v. State

2. “[r]equired in the due administration of justice,”

   2 later decisions quote this exact passage
   e.g. Osban v. State · Vlahos v. State

3. “In appropriate cireumstances, the court may instruct the jury that they may draw an inference of guilt from accused's flight, considered in connection with all other evidence. Such an instruction should be given only where there is evidence of flight immediately after the crime, and of accused's knowledge of the crime for which he was sought, and the links along the extended chain of inference from accused's behavior to actual guilt of the crime charged are unbroken, so that the flight has considerable probative value, and the court can draw a reasonable inference that accused fled because he is guilty. Mere unexplained nonappearance at trial is insufficient evidence of flight. An instruction is inappropriate in various cireumstances. Moreover, it has also been held that it is reversible error for the court to charge a jury on flight, although the prosecution may still offer evidence of and argue flight. However, it has been held that the charge may be given even where the flight alone is not sufficient to establish guilt, or the flight was not immediate, or there is no direct evidence that accused fled to avoid criminal charges, or the flight is not, established by proof beyond a reasonable doubt, or accused ultimately surrendered. Accused need not have left the jurisdiction or actively evaded the police. The court should eaution the jury that flight does not necessarily reflect consciousness of guilt, and that consciousness of guilt does not necessarily reflect guilt, but n”

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