State v. Keeley’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This is a novel proposition — that the State, having deliberately created constitutional error during its case-in-chief, someliow renders that error harmless by cross-examining the defendant on the same subject. Although we can see from the record that the prosecutor’s cross-examination of Appellant was in response to questions his counsel asked the backup officer regarding the meaning of the Miranda warnings, the fact that Appellant’s counsel asked some questions about this subject does not excuse the previous deliberate error by the prosecution. We do not agree that the State can create deliberate constitutional error, then save the conviction by arguing that the error became harmless when Appellant’s counsel asked a few questions to try to minimize the damage.”

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