State v. Davis’s Empirical Analysis

Citation profile

34 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. “Thus, an error is not obvious if there is no settled appellate law to guide the trial court.”

   3 later decisions quote this exact passage · from the concurrence
   e.g. State v. Bragg · State v. Roman

2. “consider whether the remarks called the jurors' attention to matters which they would not be justified in considering in reaching a verdict and, if so, whether the remarks were harmless beyond a reasonable doubt.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. State v. Chavez-Reyes · State v. Ringstad

3. “To establish that the error should have been obvious to the trial court, the appellant must show that the law governing the error was clear at the time the alleged error was made,.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. State v. Roman · State v. Ringstad