211 So. 3d 481 - State v. Prince’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Later, Defendant renewed his objection and asked the trial court to instruct the jury to disregard the State's remarks. The trial court advised that it would consider giving an instruction to the jury to disregard the State's comments and to not consider sympathy and prejudice. During its closing instructions to the jury, the trial court instructed the jurors that opening statements and closing arguments were not to be considered as evidence and that they were not to be "influenced by sympathy, passion, prejudice, or public opinion." As Defendant notes, the State returned to the theme of "evil" in its closing argument. However, Defendant did not object at that point. Appellate counsel suggests an objection during closing argument would have been fruitless since the trial court had already denied Defendant's challenge to the "evil" line of argument. .... [T]he State ... notes La.Code Crim.P. art. 771 : In the following cases, upon the request of the defendant or the state, the court shall promptly admonish the jury to disregard a remark or comment made during the trial, or in argument within the hearing of the jury, when the remark is irrelevant or immaterial and of such a nature that it might create prejudice against the defendant, or the state, in the mind of the jury: (1) When the remark or comment is made by the judge, the district attorney, or a court official, and the remark is not within the scope of Article 770; or (2) When the remark or comment is made by a witness or”

   1 later decision quote this exact passage · from the majority
   e.g. 239 So. 3d 330 - State v. Morehead

2. “in its closing argument. However, Defendant did not object at that point. Appellate counsel suggests an objection during closing argument would have been fruitless since the trial court had already denied Defendant's challenge to the”

   1 later decision quote this exact passage · from the majority
   e.g. 239 So. 3d 330 - State v. Morehead

3. “influenced by sympathy, passion, prejudice, or public opinion.”

   1 later decision quote this exact passage · from the majority
   e.g. 239 So. 3d 330 - State v. Morehead