State v. Gabriel’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When a conviction is challenged on appeal as being against the manifest weight of the evidence, we must review the entire record, weigh the evidence and all reasonable inferences, consider witness credibility, and determine whether, in resolving conflicts in the evidence, the trier of fact `clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered.' State v. Thompkins , 78 Ohio St.3d 380 , 387 , 1997-Ohio-52 , 678 N.E.2d 541 , citing State v. Martin (1983), 20 Ohio App.3d 172 , 175 , 485 N.E.2d 717 . Because the trier of fact sees and hears the witnesses and is particularly competent to decide `whether, and to what extent, to credit the testimony of particular witnesses,' we must afford substantial deference to its determinations of credibility. State v. Lawson (Aug. 22, 1997), Montgomery App. No. 16288. `Contrastingly, the decision as to which of several competing inferences, suggested by the evidence in the record, should be preferred, is a matter in which an appellate judge is at least equally qualified, by reason and experience, to venture an opinion.' Id. A judgment should be reversed as being against the manifest weight of the evidence only in exceptional circumstances. Martin , 20 Ohio App.3d at 175 .”

   1 later decision quote this exact passage
   e.g. In Re J.S., 22063 (8-31-2007)