State v. Nelson’s Empirical Analysis

Citation profile

57 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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “in the context of the trial the error was actually of no moment.”

   2 later decisions quote this exact passage · from the dissent
   e.g. 419 N.J. Super. 88 - State v. McGuire · State v. Reeds

2. ““Cases in which prejudice is presumed are ‘relatively rare and arise out of the most extreme circumstances.’ [State v.] Koedatich, 112 N.J. [225] at 269, 548 A.2d 939 [ (1988) ]. ‘Presumptively prejudicial publicity' means a ‘torrent of publicity that creates a carnival-like setting' or ‘a barrage of inflammatory reporting that may but need not include all of the following: evidence that would be inadmissible at the trial, editorial opinions on guilt or innocence, and media pronouncements on the death-worthiness of a defendant.' [State v.] Harris, 156 N,J. [122] at 143, 147-48, 716 A.2d 458 [ (1998) ]. , The existence of such presumed prejudice obviates the need for conducting voir dire.””

   1 later decision quote this exact passage · from the dissent
   e.g. Lam Luong v. State

3. “Prosecutors are expected to make a vigorous and forceful closing argument to the jury, State v. Rose, 112 N.J. 454, 517 [ 548 A.2d 1058 ] (1988), and are afforded considerable leeway in that endeavor, State v. Smith, 167 N.J. 158, 177 [ 770 A.2d 255 ] (2001). Nevertheless, there is a fine “line that separates forceful from impermissible closing argument.” Rose, supra, 112 N.J. at 518 [ 548 A.2d 1058 ], Thus, a “prosecutor must refrain from improper methods that result in wrongful conviction, and is obligated to use legitimate means to bring about a just conviction.” Smith, supra, 167 N.J. at 177 [ 770 A.2d 255 ]. [Id. at 460, 803 A.2d 1 .]”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Jenewicz