Ex Parte Wheeler’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1) Was the misconduct a reaction to abort a trial that was “going badly for the State?” In other words, at the time that the prosecutor acted, did it reasonably appear that the defendant would likely obtain an acquittal? 2) Was the misconduct repeated despite admonitions from the trial court? 3) Did the prosecutor provide a reasonable, “good faith” explanation for the conduct? 4) Was the conduct “clearly erroneous”? 5) Was there a legally or factually plausible basis for the conduct, despite its ultimate impropriety? 6) Were the prosecutor’s actions leading up to the mistrial consistent with inadvertence, lack of judgment, or negligence, or were they consistent with intentional or reckless misconduct? 21”

   1 later decision quote this exact passage
   e.g. Ex Parte Wheeler

2. “reviewed” an insurance report. He relied upon the insurance adjuster's tape-recorded statement of Mr. West, but it is unclear whether he also knew that the recording was made by the insurance carrier. Meanwhile, the defense said that both it and the State had filed motions in limine barring any mention of insurance. In fact, neither had. .The court of appeals had concluded that the trial was going badly for the State because”

   1 later decision quote this exact passage
   e.g. Ex Parte Wheeler

3. “Evidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted. negligently or otherwise wrongfully. This rule does not require the exclusion of evidence of insurance against liability when offered for another issue, such as proof of agency, ownership, or control, if disputed, or bias or prejudice of a witness.”

   1 later decision quote this exact passage
   e.g. Ex Parte Wheeler