Blue v. State’s Empirical Analysis

Citation profile

206 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 206 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[W]e do not think that each of the above statements [by the prosecutor] must be analyzed separately to see whether or not, standing alone, it would create an ineradicable bias or prejudice. We think, on the contrary, that these various statements should be considered together to determine whether or not, in their cumulative effect, they created a prejudicial atmosphere. . . . [I]t is our duty to see to it that trials are free from prejudice and passion and that the courtroom means that where a conviction is obtained, it is obtained in an impartial atmosphere. The foregoing remarks were made in the presence of the jury. Considering them in their cumulative effect, we think they were calculated to inject the poison of bias and prejudice into the minds of the jury. They created an atmosphere of bias and prejudice which no remarks by the court could eradicate."”

   5 later decisions quote this exact passage
   e.g. Houlton v. State · 358 So. 2d 521 - Bezotte v. State

2. ““But it is equally true that where there is evidence of a substantial nature tending to establish the material issues of the case, then the affirmative charge should be refused . . .””

   2 later decisions quote this exact passage
   e.g. 50 Ala. App. 161 - Hines v. State · 48 Ala. App. 207 - Cahill v. State