State v. Felder’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the defendant must demonstrate that one or more of the defendant’s unwaived constitutional rights were violated; (2) the error must be clear or obvious, without the need for any additional information not contained in the appellate record, including information as to whether the failure to object was a tactical decision; and (3) the defendant must demonstrate that the error affected the defendant’s substantial rights, meaning (in most instances) that it must have affected the outcome of the trial proceedings.”

   3 later decisions quote this exact passage
   e.g. State v. Herrera · State v. Mendoza

2. “It is plainly improper for a party to present closing argument that misrepresents or mischaracterizes the evidence.”

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

3. “it constitutes misconduct for a prosecutor to place before the jury facts not in evidence.”

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