State v. Baxter’s Empirical Analysis

Citation profile

29 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Judges shall not charge juries with respect to matters of fact, nor comment thereon, but shall declare the law." WASH. CONST. art. IV, § 16. This prohibits judges "`from influencing the judgment of the jury on what the testimony proved or failed to prove.'" State v. Zimmerman, 130 Wash.App. 170, 174 , 121 P.3d 1216 (2005) (quoting Bardwell v. Ziegler, 3 Wash. 34, 42 , 28 P. 360 (1891)), review granted, 157 Wash.2d 1012 , 138 P.3d 113 (2006). "It is thus error for a judge to instruct the jury `that matters of fact have been established as a matter of law.'" Zimmerman, 130 Wash.App. at 174 , 121 P.3d 1216 (quoting State v. Becker, 132 Wash.2d 54, 64 , 935 P.2d 1321 (1997)). . . . . A judicial comment in a jury instruction is not a structural error or prejudicial per se. State v. Levy, 156 Wash.2d 709, 725 , 132 P.3d 1076 (2006). Rather, it is presumed prejudicial, and the State bears the burden of showing the absence of prejudice unless the "record affirmatively shows no prejudice could have resulted." Levy, 156 Wash.2d at 725 , 132 P.3d 1076 . The State makes this showing when, without the erroneous comment, no one could realistically conclude that the element was not met. See Levy, 156 Wash.2d at 726-27 , 132 P.3d 1076 . On the other hand, the burden is not carried, and the error therefore prejudicial, where the jury conceivably could have determined the element was not met had the court not made the comment. See [ State v. ] Jackman, 156 Wash.2d [736], 745[, 132 P.3d 136 (2”

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

2. “The confession of a person charged with the commission of a crime is not sufficient to establish the corpus delicti, but if there is independent proof thereof, such confession may then be considered in connection therewith and the corpus delicti established by a combination of the independent proof and the confession.”

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

3. “the great weight of authority disfavors the defense of consent in assault cases.”

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