State v. Webb’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Prosecutors have a dual function. They must prosecute with vigor and diligence, and, at the same time, be alert to assure the defendant a fair trial. * * * [citing authority]. It is not always easy to strike a proper balance between the two. The duty to see the latter is protected without undue interference with the former rests originally in the sound discretion of the trial court. * * * [citing authorities]. * * “Lawyers should avoid making statements before a jury which tend to prejudice a defendant’s right to a fair trial. * * *. “However, it is not a prosecutor’s misconduct which entitles defendant to a new trial; it is the prejudice which results therefrom and which prevents the trial from being a fair one. * * * [citing authorities]. “Ordinarily a finding of prejudice results from persistent efforts to inject prejudicial matter before the jury. * * * [citing authorities]. Of course, prejudice may result from isolated prosecutorial misconduct, but we find it did not do so here.” (Emphasis in original).”

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