State v. Sharp’s Empirical Analysis

Citation profile

62 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Spencer did not hold that the failure to object to the closing arguments of a prosecuting attorney in a criminal case may not constitute a waiver of the objection. The Spencer exception to the general rule, however, contains limiting language. In Spencer , it was held that error will be preserved despite defendant's failure to object “where the record shows that the prosecuting attorney has been guilty of misconduct calculated to inflame the minds of jurors and arouse prejudice or passion against the accused by statements in his argument of the facts not proved by evidence ...” The rationale of Spencer was that a timely objection would not have cured the inherently prejudicial comments.”

   3 later decisions quote this exact passage
   e.g. State v. Lute · State v. Higgins

2. “[T]o hold an error as harmless, an appellate court must declare a belief, beyond a reasonable doubt, that there was no reasonable possibility that such evidence complained of contributed to the conviction.”

   2 later decisions quote this exact passage
   e.g. State v. Missamore · Giles v. State

3. “Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded.”

   2 later decisions quote this exact passage
   e.g. State v. Amerson · Giles v. State