State v. Frazier’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 98 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Foster and Kersey were correct in their analyses of the predicate felony statutes with respect to legislative intent on the issue of unitary conduct. However, those cases did not ask the question we ask here, which shifts the focus from the predicate felony statutes to the felony murder statute itself. That statute requires the killing to happen in the commission of a felony and the accompanying jury instructions require the jury to find that the killing happened during the commission of the predicate felony____We do not believe the jury could so find and the language of the statute does not indicate that the legislature intended otherwise.”

   1 later decision quote this exact passage
   e.g. Kersey v. Hatch

2. “If two offenses are the same ... for purposes of barring consecutive sentences at a single trial, they necessarily will be the same for purposes of barring successive prosecutions.” Brown v. Ohio, 432 U.S. 161 , 97 S.Ct. 2221 , 53 L.Ed.2d 187 (1977).”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Gallegos

3. “A party cannot rely on a withdrawn objection to preserve error.”

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