Cummings v. Evans’s Empirical Analysis

Citation profile

25 federal appellate · 1 district ·

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

1. “[W]e look first at the strength of the evidence against the defendant and decide whether the prosecutor’s statements plausibly could have tipped the scales in favor of the prosecution. We also ascertain whether curative instructions by the trial judge, if given, might have mitigated the effect on the jury of the improper statements. When a prosecutor responds to an attack made by defense counsel, we evaluate that response in light of the defense argument. Ultimately, we must consider the probable effect the prosecutor’s [statements] would have on the jury’s ability to judge the evidence fairly.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Carrier v. Marr

2. “whether the trial court erred in denying severance is generally a question of state law that is not cognizable on federal habeas appeal. . .a criminal defendant has no constitutional right to severance unless there is a strong showing of prejudice caused by the joint trial.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Billy Ray Fox v. Ron Ward -

3. “whether [the] state legislature intended to prescribe cumulative punishments for a single criminal incident, [and] we are bound by a state court's determination of the legislature's intent”

   1 later decision quote this exact passage · from the majority
   e.g. Nivens v. P