State v. Hibler’s Empirical Analysis

Citation profile

41 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Giving the language in [Rule 30.20] its plain and ordinary meaning, we interpret it as providing for a two-step process in determining plain error review. Under the rule, the first step involves an examination to determine whether the claim for review facially establishes substantial grounds for believing that manifest injustice or miscarriage of justice has resulted, or in other words, whether on the face of the claim, plain error has, in fact, occurred.... Plain errors are those which are evident, obvious and clear. If plain error is found on the face of the claim, then the rule authorizes, as a matter of court discretion, a second step to determine whether the claimed error resulted in manifest injustice or a miscarriage of justice. Instructional error seldom rises to the level of plain error. To show that the trial court plainly erred in submitting a jury instruction, a defendant must go beyond a demonstration of mere prejudice. In the context of instructional error, plain error results when the trial court has so misdirected or failed to instruct the jury that it is apparent to the appellate court that the instructional error affected the jury’s verdict, and cause[d] manifest injustice or miscarriage of justice. The defendant bears the burden of showing that plain error has occurred which resulted in manifest injustice or a miscarriage of justice.”

   6 later decisions quote this exact passage
   e.g. State v. Beck · State v. Spry

2. “You have found the defendant guilty of possession of a controlled substance. At this stage of the trial, it will be your duty to determine within the limits prescribed by law the punishment that must be imposed for that offense. The punishment prescribed by law for possession of a controlled substance is: 1. Imprisonment for a term of years fixed by you, but not less than two years and not to exceed seven years. 2. Imprisonment in the county jail for a term fixed by you, but not to exceed one year. 3. Imprisonment for a term of years fixed by you, but not less than two years and not to exceed seven years and in addition a fine, the amount to be determined by the Court. 4. Imprisonment in the county jail for a term fixed by you, but not to exceed one year and in addition a fine, the amount to be determined by the Court. 5. No imprisonment but a fine, in an amount to be determined by the Court. The maximum fine which the Court may impose is $5,000.00.”

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

3. “Error standing alone ... is not sufficient to overturn the jury’s determination of guilt. There must be a showing of prejudice to the appellant as a result of the error before there are grounds to upset the verdict. Prejudice, as that term is used in connection with erroneous jury instructions, is defined as the potential for misleading or confusing the jury.”

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