State v. Brochu’s Empirical Analysis

Citation profile

2 district · 41 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “determine whether that evidence sufficiently and fairly supports a finding of guilt beyond a reasonable doubt.”

   3 later decisions quote this exact passage
   e.g. State v. Michael W. Tobin · State v. Robin O'Neill

2. “Defendant also challenges the evidentiary ruling as violative of V.R.E. 403, because the danger of unfair prejudice substantially outweighed the very limited probative value of the evidence. When applying this rule, the trial court’s decision is highly discretionary and may be overturned only if the trial court withholds discretion or exercises it on grounds clearly unreasonable or untenable. Here, the trial judge exercised discretion and explained the rationale for her decision. She particularly noted that defendant could address the weight of the evidence by presenting his own expert witness and by cross-examining the State’s expert. Because of the limited probative value of the evidence, we acknowledge that the Rule 403 determination is a somewhat close question. However, we cannot intervene simply because a different judge might have reached a different result. We conclude that the decision to admit the evidence was not an abuse of discretion.”

   1 later decision quote this exact passage
   e.g. State v. Tester