Berner v. State’s Empirical Analysis
1988
Citation profile
32 state decisions
How this case has been cited
Cited by 32 later decisions — most recently September 2001 · most notably Tavares v. State (2001), Robins v. State (1990)
32 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on In re Disbarment of Sabiston · People v. Kelley · United States v. DeLuna · 16 Cal. 3d 719 - People v. Guerrero · McMichael v. State
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[t]he use of uncharged bad acts to convict a defendant is heavily disfavored in our system of criminal justice. Such evidence is likely to be prejudicial or irrelevant, and forces the accused to defend himself against vague and unsubstantiated charges.... Evidence of uncharged misconduct may unduly influence the jury, and result in a conviction of the accused because the jury believes he is a bad person.... The use of specific conduct to show a propensity to commit the crime charged is clearly prohibited by Nevada law, ... and is commonly regarded as sufficient grounds for reversal."”
4 later decisions quote this exact passage · from the majoritye.g. Taylor v. State · Roever v. State“(1) the incident is relevant to the crime charged; (2) the incident is proven by clear and convincing evidence; and (3) the evidence is more probative than prejudicial.”
3 later decisions quote this exact passage · from the majoritye.g. Taylor v. State · Keeney v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.