State v. Cox’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “All inculpatory evidence is “prejudicial” to a defendant, especially when it is “probative” to a high degree. State v. Rose, 06-0402, p. 13 (La.2/22/07), 949 So.2d 1236, 1244 (citing State v. Ger-main, 433 So.2d 110, 118 (La.1983)). The balancing test of La. C.E. art. 403 limits the introduction of probative evidence of prior misconduct “only when it is unduly and unfairly ^prejudicial.” Rose, supra. See also Old Chief v. United States, 519 U.S. 172, 180 , 117 S.Ct. 644, 650 , 136 L.Ed.2d 574 (1997) (“The term ‘unfair prejudice,’ as to a criminal defendant, speaks to the capacity of some concededly relevant evidence to lure the factfinder into declaring guilt on a ground different from proof specific to the offense charged.”). The greater the degree of similarity of the offenses the more the evidence enhances the probability that the same person was the perpetrator, and hence the greater the probative value of the evidence, which ultimately is to be weighed against its prejudicial effect. Rose , 06-0402, p. 14, 949 So.2d at 1244 .”

   1 later decision quote this exact passage
   e.g. 198 So. 3d 1232 - State v. Falgout