State v. Ubaldi’s Empirical Analysis

Citation profile

250 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 250 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This court has several times used vigorous language in denouncing government counsel for such conduct as that of the [prosecutor] here. But, each time, it has said that, nevertheless, it would not reverse. Such an attitude of helpless piety is, I think, undesirable. It means actual condonation of counsel’s alleged offense, coupled with verbal disapprobation. If we continue to do nothing practical to prevent such conduct, we should cease to disapprove it. For otherwise it will be as if we declared in effect, “Government attorneys, without fear of reversal, may say just about what they please in addressing juries, for our rules on the subject are pretend-rules. If prosecutors win verdicts as a result of ‘disapproved’ remarks, we will not deprive them of their victories; we will merely go through the form of expressing displeasure. The deprecatory words we use in our opinions on such occasions are purely ceremonial.” Government coun sel, employing such tactics, are the kind who, eager to win victories, will gladly pay the small price of a ritualistic verbal spanking. The practice [of verbal criticism without judicial action] — recalling the bitter tear shed by the Walrus as he ate the oysters — breeds a deplorably cynical attitude towards the judiciary.”

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

2. “The prosecutor’s argument to the jury was improper both because the inference sought was clearly impermissible and because it demonstrated a complete disregard for the tribunal’s rulings.... The ultimate implication of [the state’s argument that reversal is required only if the misconduct could be deemed to have deprived the defendant of his constitutional right to a fair trial] is that a state’s attorney may choose deliberately to ignore any trial court ruling just as long as the state has amassed overwhelming evidence of a defendant’s guilt and the state’s attorney’s misconduct relates to only a portion of that evidence.”

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

3. “Where a prosecutor in argument interjects remarks deliberately intended to undermine the rulings of a trial court to the prejudice of the defendant, his conduct is so offensive to the sound administration of justice that only a new trial can effectively prevent such assaults on the integrity of the tribunal.”

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