State v. Post’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . it was a misdemeanor for defendant to carry on his person in a concealed manner the pistol introduced in evidence, but that defendant was not on trial for that offense; and evidence purporting to show1 he did carry a concealed weapon could be considered only for the purpose of determining defendant’s intention in carrying the weapon. . . .” (p. 350.)”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Booker · State v. Hartsock

2. ““According to defendant’s contention the necessity for instructions relating to lesser offenses was patent and not latent . . .; and the requirement of substantial evidence tending to prove guilt of a lesser offense involved in the main charge . . . was satisfied. If this be true, the question arises, why did defendant’s counsel omit from the studied request for instructions, instructions on the subject of manslaughter, and so protect defendant from conviction of murder? The court is perfectly familiar with the practice, and the answer is simple and obvious. “Defendant was a grievously wronged husband. His victim was his wife’s would-be seducer. Experience teaches there was strong probability a sympathetic jury could be induced to acquit, rather than convict of murder. If given the opportunity the jury would certainly convict of a lesser offense, entailing comparatively light punishment. If the jury should convict of murder, error in failing to give proper instructions might be urged in an appeal to this court. “At the trial of a case of this kind, counsel for defendant must decide whether he will request instructions relating to manslaughter, just as he must decide whether he will place his client on the witness stand. Having decided not to make the request, he has waived instructions on manslaughter, and must abide the result. This is familiar law in this state. However, to prevent a miscarriage of justice, the court will examine the proceedings to see if the verdict of gui”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Weyer