State v. Bogen’s Empirical Analysis
1953
Citation profile
76 state decisions
How this case has been cited
Cited by 76 later decisions — most recently June 2019 · most notably State v. Carter (1982), State v. Orecchio (1954)
76 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 Berger v. United States · United States v. Socony-Vacuum Oil Co. · Viereck v. United States · Dunlop v. United States · New York Cent Co v. Johnson
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“comment must be restrained within the facts shown or reasonably suggested by the evidence adduced.”
3 later decisions quote this exact passage · from the majority“The [prosecutor] is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a ease, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor — indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one. It is fair to say that the average jury, in a greater or less degree, has confidence that these obligations, which so plainly rest upon the prosecuting attorney, will be faithfully observed. Consequently, improper suggestions, insinuations, and, especially, assertions of personal knowledge are apt to cany much weight against the accused when they should properly cany none. [Berger v. United States, 295 U.S. 78, 88 , 55 S.Ct. 629, 633 , 79 L. Ed. 1314, 1321 (1935) (emphasis added).]”
1 later decision quote this exact passage · from the majoritye.g. State v. Feaster“Berger v. United States, 295 U.S. 78, 88 , 55 S.Ct. 629, 633 , 79 L.Ed. 1314, 1321 (1935). See also Canon 5 of the Canons of Professional Ethics.”
1 later decision quote this exact passage · from the majority
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.