State v. Warbritton’s Empirical Analysis

Citation profile

60 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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““An assault is an intentional threat or attempt to do bodily harm to another coupled with apparent ability and resulting in immediate apprehension of bodily harm. No bodily contact is necessary.””

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Nelson · State v. Martinez

2. “`Improper remarks made by the prosecuting attorney in his summation to the jury will not provide a basis for reversal where the jury has been instructed to disregard the same, unless the remarks were so prejudicial as to be incurable.'”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Perales · State v. Spresser

3. ““We might agree that the atmosphere was heavily fraught with danger and was threatening enough to have induced apprehension on the part of Mrs. Bailey for her personal safety. However, Mrs. Bailey consistently denied while she was on die stand diat she had any fear for herself; that she thought Mr. Warbritton would not harm her. She testified she was not scared for herself because she knew die way she was holding the baby, diat the defendant would hit it instead of herself, if he pulled die trigger. In the face of positive testimony such as diis we cannot say . . . that the circumstances were such that, as a matter of law, Mrs. Bailey had fear for herself.” 215 Kan. at 537-38.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Lessley · State v. Collins