State v. Ward’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1) whether the statement was, in fact, voluntary and unresponsive to the prosecutor’s questioning or caused by the prosecutor; 2) whether the statement was singular and isolated, and whether it was emphasized or magnified by the prosecution; 3) whether the remarks were vague and indefinite, or whether they made specific reference to crimes committed by the accused; 4) whether the court promptly sustained defense counsel’s objection to the statement and instructed the jury to disregard the volunteered statement; and 5) whether, in view of the other evidence presented and the strength of the State’s case, it appeared that the comment played a decisive role in the determination of guilt.”

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

2. “Every person who shall declare that he has conscientious scruples against taking an oath or swearing in any form shall be permitted to make his solemn declaration or affirmation in the following form: ‘You do solemnly declare and affirm,’ etc., concluding with the words ‘under the pains and penalties of perjury.’”

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

3. “Every person offered as a witness, before any testimony shall be given by him, shall be duly sworn, or affirmed, that the evidence he shall give relating to the matter in issue between., plaintiff, and ., defendant, shall be the truth, the whole truth, and nothing but the truth.”

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