Miles v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Long ingrained in our appellate procedure has been the elementary principle that in order to review a conviction alleged to be based on insufficient evidence, the evidence must be brought into the record. Calvert v. State (1968), 251 Ind. 119 , 239 N.E.2d 697 ; Short v. State (1954), 234 Ind. 17 , 122 N.E.2d 82 ; Messersmith v. State (1940), 217 Ind. 132 , 26 N.E.2d 908 ; Switzer v. State (1937), 211 Ind. 690 , 8 N.E.2d 80 ; Smith v. State (1934), 206 Ind. 669 , 188 N.E. 774 ; Pierson v. State (1921), 191 Ind. 206 , 131 N.E. 397 . In Short v. State, supra, our Supreme Court said: ‘Since neither the evidence nor the instructions are in the record no question is presented concerning the court’s instructions, the ruling on the motion for a directed verdict, the sufficiency of the evidence to sustain the verdict, nor that the verdict is contrary to law.’ (Emphasis supplied.) “Consequently, it is the duty of the appellant to present a sufficient record to allow this court to make an intelligent decision of the issues presented. Johnson v. State (1972), [ 258 Ind. 648 ], 283 N.E.2d 532 ; Burns v. State (1970), [ 255 Ind. 1 ], 260 N.E.2d 559 ; Calvert v. State, supra. “The proper procedure to present the evidence to the reviewing court when a transcript is unavailable is to proceed pursuant to Rule AP. 7.2(A) (3) (c)1 and obtain an approved statement of the evidence. Quinn v. State (1972), [ 258 Ind. 399 ], 281 N.E.2d 478 . This was not done. “As we only have before us conflicting ”

   1 later decision quote this exact passage
   e.g. 160 Ind. App. 191 - Dunbar v. State