State v. Shaw’s Empirical Analysis

Citation profile

7 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1) the court must look to the purpose for which the evidence is introduced; 2) the evidence of the prior act or acts must be substantially reliable or clear and convincing; and 3) in criminal cases, there must be proof of the crime charged which permits the trier of fact to establish the defendant's guilt or innocence independently on the evidence presented, without consideration of the evidence of the prior acts.”

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

2. “[T]he court must balance the probative value of the evidence against its prejudicial effect in determining whether to admit evidence of a defendant's past crimes.”

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

3. “[T]he third step is satisfied with a cautionary jury instruction about the admissibility of the evidence and its use for a limited purpose.”

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