Simmons v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[pjrosecutorial misconduct “has always been condemned in this state.” Whether such misconduct has been reviewed on the basis of harmless error, W.R.Cr.P. 52(a) and W.R.A.P. 9.04, or on the basis of plain error, W.R.Cr.P. 52(b) and W.R.A.P. 9.05, this Court has focused on whether such error affected the accused’s “substantial rights.” The accused’s right to a fair trial is a substantial right. “Before we hold that an error has affected an accused’s substantial right, thus requiring reversal of a conviction, we must conclude that, based on the entire record, a reasonable possibility exists that, in the absence of the error, the verdict might have been more favorable to the accused.””

   4 later decisions quote this exact passage
   e.g. Condra v. State · Duke v. State

2. “[W]e must determine whether a rational trier of fact could find the essential elements of the crime were proven beyond a reasonable doubt. We do not consider conflicting evidence presented by the unsuccessful party, and afford every favorable inference which may be reasonably and fairly drawn from the successful party’s evidence. We have consistently held that it is the jury’s responsibility to resolve conflicts in the evidence, (citing Wetherelt v. State, 864 P.2d 449, 452 (Wyo.1993)). “We will not substitute our judgment for that of the jury, ... our only duty is to determine whether a quorum of reasonable and rational individuals would, or even could, have come to the same result as the jury actually did.” Id.”

   2 later decisions quote this exact passage · from the majority
   e.g. Doherty v. State · Blakeman v. State

3. “[I]f the crime can be committed recklessly, it is no less committed if the actor acted purposely.”

   2 later decisions quote this exact passage · from the majority
   e.g. Sanchez v. State · State v. Stewart