People v. Ferrell’s Empirical Analysis

Citation profile

40 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a] defendant is entitled to present evidence of a prior violent act of a victim only if (1) the defendant contends that he acted in self-defense and there is competent evidence to support the contention, (2) either the act occurred or defendant became aware of its occurrence within a reasonable time of the homicide, and (3) the defendant knew of the victim’s prior violence at the time of the homicide.”

   2 later decisions quote this exact passage · from the majority
   e.g. People v. Smith · People v. Lyle

2. “Remarks calculated to evoke bias or prejudice should never be made in a court by anyone, especially the prosecutor. Where the jury’s predisposition against some particular segment of society is exploited to stigmatize the accused or the accused’s witnesses, such argument clearly trespasses the bounds of reasonable inference or fair comment on the evidence. There are many cases in which courts have reversed convictions as the result of inflammatory remarks made by a prosecutor containing references to the defendant’s race, religion, or ethnic background. [[Image here]] The prosecutor should not make arguments that encourage the jury to depart from its duty to decide the case on the evidence and the inferences reasonably derived therefrom.... Predictions about the effect of an acquittal on lawlessness in the community also go beyond the scope of issues in the trial and are to be avoided.”

   1 later decision quote this exact passage · from the majority
   e.g. Harris v. People

3. ““It appears from the record of this case that the district attorney was fully cognizant that the prosecution witness would respond in the manner [s]he did and thus, expose to the jury inadmissible and highly prejudicial evidence. His conduct in this regard is not to be condoned. This court has repeatedly held that the duty of a prosecutor is not merely to convict, but also to see that justice is done by seeking the truth by the presentation of proper evidence. Where the prosecutor’s zeal to win a case involves a clear lack of adherence to the elementary principles of fairness and legality, it can only be condemned.””

   1 later decision quote this exact passage · from the majority
   e.g. People v. Lee