State v. Smith’s Empirical Analysis

Citation profile

58 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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`should not make inaccurate legal or factual assertions during a trial[,] and ... must confine their comments to evidence revealed during the trial and reasonable inferences to be drawn from that evidence.'”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Mahoney · 355 N.J. Super. 556 - State v. Negron

2. “consider `(1) whether defense counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether the court ordered the remarks stricken from the record and instructed the jury to disregard them.'”

   2 later decisions quote this exact passage · from the majority
   e.g. 359 N.J. Super. 222 - State v. Lopez · 400 N.J. Super. 319 - State v. Atwater

3. “that the inappropriate [conduct] by the prosecutor could have improperly swayed the jury and denied defendant a fair trial.”

   2 later decisions quote this exact passage · from the majority
   e.g. 377 N.J. Super. 389 - State v. O'BRIEN · 409 N.J. Super. 40 - State v. Adames