State v. Earsery’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . the court recognizes that not every error which occurs during the trial of a lawsuit approaches the gravity of prejudicial error and that it is only where error adversely affects some substantial right of a litigant that reversible error may be said to have been committed. (State v. Engberg, 194 Kan. 520 , 400 P. 2d 701 , cert. den. 383 U. S. 921 , 15 L. Ed. 2d 676 , 86 S. Ct. 899 .)” (1. c. 212.)”

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

2. “. . . hung juries are, indeed, an abhorrence to a trial judge whose obligation is to administer the affairs of his court with dispatch as well as evenhanded justice. It is probable that no experience is more frustrating to a court than the retrial of somebody's lawsuit. The sensation is somewhat akin to dining on yesterday's cold mashed potatoes.”

   1 later decision quote this exact passage · from the majority
   e.g. Winters v. United States

3. “"... For the sake of everyone concerned, litigant, counsel, trial court, and this court as well, upon appeal, every communication between judge and jury should take place in the presence of and be recorded by the official court reporter." (p. 213)”

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