State v. Clinkscale’s Empirical Analysis

Citation profile

32 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In a number of cases involving death penalty appeals, this court has clearly held that reversal of convictions and sentences on grounds of some unrecorded bench and chambers conferences, off-the-record discussions, or other unrecorded proceedings will not occur in situations where the defendant has failed to demonstrate that (1) a request was made at trial that the conferences be recorded or that objections were made to the failure to record, (2) an effort was made on appeal to comply with App.R. 9 to reconstruct what occurred or to establish its importance, and (3) material prejudice resulted from the failure to record the proceedings at issue.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Powell

2. “[sIpeculation does not suffice to demonstrate plain error.”

   1 later decision quote this exact passage · from the dissent
   e.g. People v. Ujaama