State v. Ross’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “While the granting of a mistrial is within the discretion of the trial court, “Before it is necessary to grant a mistrial due to prosecutorial misconduct, the defendant must show that a ‘substantial miscarriage of justice has actually occurred.’ ”... Furthermore, Neb. Rev. Stat. § 29-2308 (Cum. Supp. 1984) provides that “[n]o judgment shall be set aside, or new trial granted... for error as to any matter of pleading or procedure, if the Supreme Court, after an examination of the entire cause, shall consider that no substantial miscarriage of justice has actually occurred.” The defendant has failed to show a substantial miscarriage of justice. As this court has stated previously, “Although the prosecutor was less than artful at times, it does not appear that his conduct was meant to, or did, inflame the prejudices or excite the passions of the jury against the defendant.” State v. Tiff, 199 Neb. 519, 529 , 260 N.W.2d 296, 302 (1977).”

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

2. ““ [i]n determining the sufficiency of the evidence to sustain a conviction, it is not the province of this court to resolve conflicts in the evidence, pass on the credibility of witnesses, determine the plausibility of explanations, or weigh the evidence. Such matters are for the trier of fact, and the verdict must be sustained if, taking the view most favorable to the State, there is sufficient evidence to support it.””

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