State v. Nero’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “clearly capable of producing an unjust result . . . .”

   2 later decisions quote this exact passage · from the majority
   e.g. State of New Jersey v. Isaac A. Young · State v. PS

2. “As applied to a jury instruction, plain error requires demonstration of “legal impropriety in the charge prejudicially affecting the substantial rights of the defendant and sufficiently grievous to justify notice by the reviewing court and to convince the court that of itself the error possessed a clear capacity to bring about an unjust result.” State v. Hock, 54 N.J. 526, 538 [ 257 A.2d 699 ] (1969), cert. denied, 399 U.S. 930 , 90 S.Ct. 2254 , 26 L.Ed.2d 797 (1970). The alleged error is viewed in the totality of the entire charge, not in isolation. State v. DiFrisco, 137 N.J. 434, 491 [ 645 A.2d 734 ] (1994). In addition, any finding of plain error depends on an evaluation, of the overall strength of the State’s case. See State v. Cotto, 182 N.J. 316, 326-27 [ 865 A.2d 660 ] (2005). [State v. Nero, 195 N.J. 397, 407 , 949 A.2d 832 (2008) (emphasis added) (quoting State v. Chapland 187 N.J. 275, 289 , 901 A.2d 351 (2006)).]”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Belliard

3. “[t]he alleged error . . . in the totality of the entire charge, not in isolation.”

   1 later decision quote this exact passage · from the majority
   e.g. State of New Jersey v. Isaac A. Young