Mitchell v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Since Whiteplume , our review of issues concerning opinion testimony has developed the following rules. We apply an error-per-se standard when a prosecutor has improperly elicited an opinion of either defendant’s guilt or the truthfulness of a witness. Taylor v. State, 2001 WY 13, ¶ 21 , 17 P.3d 715, ¶ 21 (Wyo.2001). When the prosecutor’s question is not a signal for the witness’s eredibility-opinion-testimony and defense counsel did not object at trial the plain error standard, not the per se error standard, applies. Dudley v. State, 951 P.2d 1176, 1178-79 (Wyo.1998). When a prosecutor does not seek an opinion but an investigating officer’s testimony supplies one, we review the record to determine if the officer is implying that he believed or held an opinion with respect to the victim’s version of the events surrounding the assault. Whiteplume, 841 P.2d at 1339-40 . If the officer intended to impliedly vouch for the truth of the victim’s accusations, no corroborating evidence exists, and the central jury issue is the victim’s credibility, we will find reversible error when our review of all of the circumstances demonstrates prejudice to the extent that our confidence in the verdict is undermined. Id. at 1340-41 ; Dudley, 951 P.2d at 1180 .”

   2 later decisions quote this exact passage
   e.g. Large v. State · McClelland v. State