State v. Harris’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he test for prosecutorial misconduct during closing argument is whether the remarks made by the prosecutor were improper and, if so, whether they prejudicially affected a substantial right of the accused. State v. White , 82 Ohio St.3d 16 , 22, 1998-Ohio-363 , 693 N.E.2d 772 (1998). For this determination, an appellate court should consider the nature of the remarks, whether an objection was made by counsel, whether corrective instructions were given by the court, and the strength of the evidence against the defendant. State v. Braxton , 102 Ohio App.3d 28 , 41, 656 N.E.2d 970 (8th Dist.1995). Additionally, "isolated comments by a prosecutor are not to be taken out of context and given their most damaging meaning." State v. Gapen , 104 Ohio St.3d 358 , 2004-Ohio-6548 , 819 N.E.2d 1047 , citing Donnelly v. DeChristoforo , 416 U.S. 637 , 647, 94 S.Ct. 1868 , 40 L.Ed.2d 431 (1974).”

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

2. “isolated comments by a prosecutor are not to be taken out of context and given their most damaging meaning.”

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

3. “a prosecutor has considerable latitude in his closing argument.”

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