Hardin v. State’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Comes now the defendant, by counsel, and moves the Court to grant him a new trial herein for the following reasons: 1. Irregularities in the proceedings of the Court and orders of the Court and abuse of discretion by which the defendant was prevented from having a fair trial, in this, to-wit: a. The Court erred in failing to give defendant's tendered Preliminary Instruction number 1. b. The Court erred in failing to give defendant's tendered Prelminary Instruction number 2. c. The Court erred in overruling the defendant's motion for a continuance of said cause. d. The Court erred in denying the defendant's Motion for a directed verdict at the close of the State's case in chief. e. The Court erred in denying the defendant's Motion for a directed verdict at the close of all of the evidence given in said cause. 2. That the verdict of the jury is not sustained by sufficient evidence. 3. That the verdict is contrary to law. WHEREFORE, defendant prays the Court to grant a New Trial herein." "MEMORANDUM The Court erred in failing to give defendant's tendered Preliminary Instructions 1 and 2 in that these instructions were the latest expression of the Indiana General Assembly concerning the punishment for second degree murder and manslaughter. Chapter 95 of the Acts of the Indiana General Assembly, 1969, approved by the Governor on March 8, 1969 changes the existing penalty for second degree murder and provides for an alternative penalty of either life or imprisonment for not less t”

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