Maxey v. Hubble’s Empirical Analysis
1989
Citation profile
19
cited by 19 later decisions
2
states following
July 2008
most recently cited
19 state decisions
Relationships
Relies on Saunders v. Commonwealth · Atlantic Coast Realty Co. v. Robertson's · Washington & Old Dominion Railway v. Ward's Administrator · Rinehart & Dennis Co. v. Brown · Norfolk v. Eley
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“an appellate court will presume that the prejudicial effect of the improper conduct was too strong to be removed by further admonitions or jury instructions”
5 later decisions quote this exact passage“[generally a new trial will be denied where improper argument has been checked by the court and the jury has been instructed to disregard the improper statements. If, however, counsel persists in such argument after the admonition of the court, or if it appears that the unfavorable influence of the argument was probably not wholly removed by the court’s action, a new trial may be allowed.”
2 later decisions quote this exact passage““[An attorney] must be just to opposing litigants and witnesses and always respect their rights. His liberties in argument are large but they are not unlimited. He has no right to testify in argument nor to assume that there is evidence which has no existence, nor to urge a decision which is favorable to his client by arousing sympathy, exciting prejudice, or upon any ground which is illegal. Sometimes the impropriety is so serious in character that its evil effect cannot be corrected by the trial judge. If this ethical rule ... is not sufficient to control those who fail to observe it, the courts, however reluctant they may be to limit the freedom of discussion, or to penalize a litigant for the transgression of his attorney, will be forced to curb this growing evil.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.