State v. Nightingale’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This requirement affords the trial court an opportunity to correct an error it may have made and is particularly fitting when an alleged error involves a jury instruction. This long-standing requirement is grounded in common sense and judicial economy. To preserve a jury instruction issue for our review, counsel must do more than merely submit proposed instructions to the trial court, debate possible instructions with the trial court, or object generally to the admissibility of the evidence itself. To preserve a jury instruction issue for our review, counsel must actually make a specific objection to the court's jury instructions.”

   1 later decision quote this exact passage
   e.g. State of New Hampshire v. Darlene Washburn

2. “Among the factors we consider in weighing the evidence are: (1) whether the evidence would have a great emotional impact upon a jury; (2) its potential for appealing to a juror’s sense of resentment or outrage; and (3) the extent to which the issue upon which it is offered is established by other evidence, stipulation or inference.”

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

3. “where the trial court reaches the correct result on mistaken grounds, we will affirm if valid alternative grounds support the decision.”

   1 later decision quote this exact passage
   e.g. Doyle v. COM'R, DEPT. OF RESOURCES