State v. Yole’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““To hold generally that a party does not waive plain error review on direct appeal when affirmatively assenting to the introduction of evidence ... places the trial court in a precarious position. Counsel appropriately resents judicial interference in their appropriate representation of a client during trial. Counsel makes many tactical decisions at trial, and the court is not privy to the mental process in determining the tactical approach employed by counsel. Thus, when counsel affirmatively represents to the court the waiver of any objection to the introduction of evidence, the court can assume that counsel’s decision is reasoned and calculated and that counsel does not want the court to preclude introduction of the evidence.””

   2 later decisions quote this exact passage
   e.g. State v. Price · McCormack v. Capital Electric Construction Co.

2. “If an objection to the proffered evidence is sustained, the proponent must then make an offer of proof in order to preserve the record for appeal and to allow the trial court to consider further the claim of admissibility.”

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