Simpson v. State’s Empirical Analysis

Citation profile

2 federal appellate · 69 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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he question of whether a mistrial should have been granted involves most, if not all, of the same considerations that attend a harm analysis. A mistrial is the trial court’s remedy for improper conduct that is “so prejudicial that expenditure of further time and expense would be wasteful and futile.” In effect, the trial court conducts an appellate function: determining whether improper conduct is so harmful that the case must be redone. Of course, the harm analysis is conducted in light of the trial court’s curative instruction. Only in extreme circumstances, where the prejudice is incurable, will a mistrial be required.”

   4 later decisions quote this exact passage · from the majority
   e.g. Abbott v. State · Lewis v. State

2. “We also think that the jury would not place much weight on the erroneously elicited comment. Jurors understand that the victim’s family members will be emotional and therefore less objective about what punishment should be given. It was probably no great surprise that the victim’s family was in favor of the death penalty.”

   1 later decision quote this exact passage · from the majority
   e.g. Hernandez v. Thaler