Barnes 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. “I concur in the result reached by the majority because stare decisis requires us to place upon the appellant the impossible task of proving prejudice in cases such as this. The majority states the well-established law in Wyoming: "It is error and misconduct for a prosecutor to ask a witness whether he thinks other witnesses are 'lying' or 'mistaken.'" Yet the prosecutor in this case asked the appellant not once, but three times, whether another witness-the bartender, the victim, and the cellmate-was incorrect or mistaken. Perhaps the State would pay attention to the law if it bore the burden of proof as to the lack of prejudice. [[Image here]] My concern is that, while the harmless error rule certainly makes sense as a reasonable systemic tool, its actual application via a process that requires each appellant to prove that he or she has been prejudiced by prosecutorial misconduct, leaves the State nearly unfettered in its ability to do as it pleases, this Court's opinions to the contrary notwithstanding.”

   1 later decision quote this exact passage · from the majority
   e.g. John Wallace McGinn v. State

2. “misconduct for the prosecutor to cross-examine a defendant using the 'lying' or 'mistaken' technique (¢.e., well, then if 'so- and-so' said 'such-and-such,' was he 'mistaken' or 'lying?)”

   1 later decision quote this exact passage
   e.g. John Wallace McGinn v. State