Franklin v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he standard of review that appellate courts must apply to lawyer misconduct during opening statements or closing arguments is whether the natural and probable effect of the improper argument is to create unjust prejudice against the accused so as to result in a decision influenced by the prejudice so created.”

   2 later decisions quote this exact passage
   e.g. Abdur Rahim Ambrose v. State of Mississippi · Clyde Eugene Williams v. State of Mississippi

2. “attorneys are allowed a wide latitude in arguing their cases to the jury. However, prosecutors are not permitted to use tactics which are inflammatory, highly prejudicial, or reasonably calculated to unduly influence the jury.”

   1 later decision quote this exact passage
   e.g. Clyde Eugene Williams v. State of Mississippi

3. “When determining whether a statement is prejudicial, th[e] Court has established an objective test asking how a reasonable objective observer would under the circumstances be likely to perceive the statement.”

   1 later decision quote this exact passage
   e.g. 241 So. 3d 599 - Tony Swinney v. State of Mississippi