State v. Lapham’s Empirical Analysis

Citation profile

97 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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] prosecutor has a duty to present the State’s case with earnestness and vigor, using every legitimate means to secure a just conviction, however, there is also a corresponding duty to refrain from improper methods calculated to produce a wrongful conviction and to guard against conduct unintentionally trespassing the bounds of propriety.”

   5 later decisions quote this exact passage
   e.g. State v. Lamar Scales · State v. Parker

2. “Comments of counsel shall not be inflammatory, nor depart from the evidence ____ The burden of proving prejudice is on the respondent. Whether an improper argument is of a nature which requires a reversal depends on the attending circumstances, and there is usually little profit in comparing one case with another; prejudice must affirmatively appear. However, certain circumstances may command themselves to aid in this evaluation, e.g., the treatment of the objection or exception and the jury instructions. Overall, were the rights of the party injuriously affected?”

   1 later decision quote this exact passage
   e.g. Deyo v. Kinley

3. “The longstanding rule in Vermont is that counsel should confine argument to the evidence of the case and inferences properly drawn from it.”

   1 later decision quote this exact passage
   e.g. State v. Lamar Scales