171 Ohio St. 3d 486 - State v. Bailey’s Empirical Analysis

Citation profile

44 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The -3- Butler CA2023-09-100 elements of the plain-error doctrine are conjunctive: all three must apply to justify an appellate court's intervention.”

   2 later decisions quote this exact passage
   e.g. State v. Powers · State v. Babb

2. “). {¶ 10} Given these principles, for Powers to prevail under a plain error standard of review, Powers must establish: (1) that the trial court erred by admitting the seven challenged photographs taken during Kiara's autopsy into evidence; (2) that the error was obvious; and (3) that there is a reasonable probability that the admission of those photographs affected the outcome of his trial. Yet, in his appellate brief, Powers merely argues that the trial court committed plain error by admitting those photographs into evidence because there was”

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

3. “[n]otice of plain error under Crim.R. 52[B] is to be taken with the utmost caution, under exceptional circumstances and only to prevent a manifest miscarriage of justice”

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