Roberson v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “• the source and nature of the error; • the extent to which the State emphasized it; • the probable collateral implications of the error; • the weight a juror would probably place upon it, giving consideration to whether the record contains “overwhelming evidence supporting the finding in question”; and • whether declaring the error harmless would encourage the State to repeat it with impunity.”

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

2. “with any confidence that the persistence and flagrancy with which [the State] engaged in this inappropriate argument did not impact the punishment phase.”

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