State v. Murrell’s Empirical Analysis

Citation profile

42 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is a salutary rule. There are, indeed, bounds which may not be exceeded by a zealous prosecutor lest his remarks deny the accused his right to a fair trial. . . . [W]e believe that no reversible error has been shown for the following reasons: “First, there is the lack of any objection being interposed. . . .” » * s » it “[S]econd ... it oannot be said that any prejudice has been shown which would jeopardize the accused’s right to a fair trial. . . .” fc # * # “[B]efore an objectionable statement made by a prosecutor on matters outside the record will entitle the accused to a reversal of his conviction it first must appear that it was injurious to him and was likely to affect the jurors to his prejudice. (5 Wharton’s Criminal Law & Procedure, p. 247.)””

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

2. ““We are aware of the rule that misconduct on the part of a prosecutor in going outside the record in the heat of final argument may be so gross and fraught with such prejudice as to deny the accused a fair trial and to require a reversal. (State v. Kelley, 209 Kan. 699, 704 , 498 P. 2d 87 .) Especially has this rule been applied where the prosecuting attorney has persisted in his use of statements calculated to inflame the passions and whet the prejudice of the jury. (State v. Majors, 182 Kan. 644 , 323 P. 2d 917 ; State v. Wilson, 188 Kan. 67 , 360 P. 2d 1092 .)” (p. 12.)”

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

3. ““I would say this, however, ladies and gentlemen, Mr. Burnett [the State’s witness] is at the Industrial Reformatory. He has now come into court and testified against somebody [the defendant]. I will leave that to your imagination as to what that means insofar as he is concerned.” 215 Kan. at 11-12 .”

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