Kincade v. Sparkman’s Empirical Analysis

Citation profile

8 federal appellate ·

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

1. “the degree to which the remarks complained of have a tendency to mislead the jury and prejudice the accused; whether they are isolated or extensive; whether they were deliberately or accidentally placed before the jury, and the strength of the competent proof to establish the guilt of the accused.”

   2 later decisions quote this exact passage · from the majority
   e.g. Hamblin v. Mitchell · Abela v. Martin

2. “find that the prosecutor's comments constituted more than simply trial error under state law. The misconduct must be 'so fundamentally unfair as to deny [the defendant] due process.'”

   2 later decisions quote this exact passage · from the majority
   e.g. Beverly A. Seymour v. Diane Walker,respondent-Appellee · Charles Wilson v. Betty Mitchell, Warden