State v. Day’s Empirical Analysis

Citation profile

1 federal appellate · 50 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “RULE 13.3 JOINDER a. Offenses. Provided that each is stated in a separate count, 2 or more offenses may be joined in an indictment, information, or complaint, if they: (1) Are of the same or similar character; or (2) Are based on the same conduct or are otherwise connected together in their commission; or (3) Are alleged to have been part of a common scheme or plan. * * * * * * RULE 13.4 SEVERANCE a. In General. Whenever 2 or more offenses or 2 or more defendants have been joined for trial, and severance of any or all offenses, or of any or all defendants, or both, is necessary to promote a fair determination of the guilt or innocence of any defendant of any offense, the court may on its own initiative, and shall on motion of a party, order such severance. b. As of Right. The defendant shall be entitled as of right to sever offenses joined only by virtue of Rule 13.3(a)(1).”

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

2. “[T]he court must go beyond the question of relevancy and consider whether the probative value of the exhibit outweighs the danger of prejudice by admission of the exhibit.”

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