State v. Barber’s Empirical Analysis

Citation profile

203 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 203 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]o properly resolve this issue, the Court is obliged to review the entire record, placing the jury instructions in the context of the individual facts and circumstances of the case, to determine whether the Defendant's conviction was the result of a plain miscarriage of justice.”

   3 later decisions quote this exact passage
   e.g. State v. Silva · State v. Nevarez

2. “must go to the foundation of the case or take from the defendant a right which was essential to h[er] defense and which no court could or ought to permit h[er] to waive. Each case will of necessity, under such a rule, stand on its own merits. Out of the facts in each case will arise the law.”

   2 later decisions quote this exact passage
   e.g. State v. Cortez · State v. Franco

3. “The doctrine of fundamental error applies only under exceptional circumstances and only to prevent a miscarriage of justice.”

   2 later decisions quote this exact passage
   e.g. State v. Nevarez · State v. Ross