State v. Malley’s Empirical Analysis

Citation profile

3 federal appellate · 3 district · 84 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 91 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “court shall not be bound to consider any errors on an appeal . . . unless it appears on the record that the question was distinctly raised at the trial and was ruled upon and decided by the court adversely to the appellant's claim.”

   2 later decisions quote this exact passage
   e.g. 33 Conn. Super. Ct. 510 - State v. Lang · Recanati v. Kiggans

2. ““Ladies and Gentlemen of the Jury: “The basic issue I submit in this case is whether you believe the police officers or whether you believe this accused, Mr. Malley. The police officers have testified here before you. They have blown their cover. They come in here and testify before you, two excellent trained investigators, undercover men who, you heard their testimony, purchased over a hundred various items of heroin, LSD, and other controlled drugs. They have come in and we have lost them as undercover men due to this case, but we put them on here as witnesses before you, because this LSD problem and the sale of it is such a serious offense. “This question of the use of these psychedelic or hallucinagenic [sic] drugs has inflamed our country and has put many of us to asking questions about the use of this drug by our young people. “We often hear the expression the drug scene. And when we think of the drug scene, we think of what we see on television, what we hear about, the group in Greenwich Village, young people dressed in hippie style using marijuana, LSD, speed, some one of these other drugs who turn on, but that is not the drug scene as we see it. That is not the drug scene as you have seen it here portrayed before you twelve people on this jury. “What you have seen here is the sale of seven little tiny pills for $25, almost $3.60 apiece. That is a commercial business and it is designed to destroy the youth of our country and it is doing so. And it is carried on by men”

   1 later decision quote this exact passage
   e.g. Malley v. State of Connecticut

3. ““Q And you told [your attorney] and told this jury that all you know about LSD is what you heard about it and seen on television? “A Right. “Q What you have read about it and seen on television? “A Yes. “Q You know it is a dangerous drug? “A That is for sure. “Q You know that it can cause permanent damage to people that use it, don’t you? “A I suppose it can. I wouldn’t know. I never sampled it. “Q You have read or seen it on television, haven’t you? “A Yes, I have. “Q It is a so-called psychedelic drug? “A Yes, it is, I imagine. “Q People have good or bad trips on it? “MR. MELLON: I will object to this. “MR. MCDONALD: Mr. Mellon went into it. “THE COURT: I will allow it. “MR. MELLON: May an exception be noted? “THE COURT: Yes. “MR. MELLON: For this reason: I don’t think he is an expert to testify. “THE COURT: If he doesn’t know, he can say he doesn’t know. He realizes that. BY MR. MCDONALD. “Q You know that people can have bad trips on LSD. You have heard that. “A I have seen it on television. “Q And they can go off? “A I have read different articles about it, where something like that happened. “Q You wouldn’t have anything to do with selling that to young people, would you? “A I wouldn’t sell it to anybody. “Q You know it is deadly stuff, don’t you? “A It sure is.” Respondents’ Ex. 6, at 185-86.”

   1 later decision quote this exact passage
   e.g. Malley v. State of Connecticut