State v. Terrazas’s Empirical Analysis

Citation profile

2 district · 74 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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[s]uch evidence is quite capable of having an impact beyond its relevance to the crime charged and may influence the jury’s decision on issues other than those on which it was received, despite cautionary instructions from the judge. Studies confirm that the introduction of a defendant’s prior bad acts can easily tip the balance against the defendant.”

   2 later decisions quote this exact passage
   e.g. State v. Anthony · State v. Lucero

2. “Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. State v. Vigil · State v. Garland

3. “Applying the standard of 'clear and convincing evidence' establishes a clear, recognizable standard for courts and lawyers and is consistent with the due process owed under the federal and state constitutions. To allow a lesser standard in a criminal case is to open too large a possibility of prejudice. We have recently noted the potentially prejudicial effects of prior bad acts evidence and cautioned trial courts and counsel to exercise extreme care in its use, even where it is admissible.”

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