State v. Wright’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Statements made during closing argument rarely constitute plain error. Without an objection by counsel, a trial court’s options are narrowed to uninvited interference with summation, which may itself constitute error. For the Defendant to carry his burden of showing plain error he must prove that the prosecutor’s statement had a decisive effect on the jury’s verdict. The prosecutor’s statement is decisive when there is a reasonable probability that the verdict would have been different had the error not been committed.”

   2 later decisions quote this exact passage
   e.g. State v. Bescher · State v. Evans

2. “Plain error is error that is evident, obvious, and clear. [State v. Taylor, 166 S.W.3d 599, 604 (Mo.App. S.D.2005)]. A claim of plain error places a much greater burden on a defendant than an assertion of prejudicial error. Id. at 603 . Plain error and prejudicial error are not synonymous terms, and mere allegations of error and prejudice will not suffice for reversal under plain error review. State v. Goudeau, 85 S.W.3d 126, 130 (Mo.App. S.D.2002). Plain error is to be applied sparingly and may not be used to justify a review of every point that has not been otherwise preserved for appellate review. State v. Roberts, 948 S.W.2d 577, 592 (Mo. banc 1997).”

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