State v. Williams’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Even had these errors been properly preserved, we could not say that the trial court abused its discretion in admitting this evidence. We note that Williams bases her argument on rules 404(2) and 403. The admissibility of evidence is reviewed for an abuse of discretion where the Nebraska rules of evidence commit the evidentiary question at issue to the discretion of the trial court. [Citation omitted.] We have held that because exercise of judicial discretion is implicit in Neb. Evid. R. 401, Neb. Rev. Stat. § 27-401 (Reissue 1989), it is within the discretion of the trial court to determine relevancy and admissibility of evidence of other wrongs or acts under rules 404(2) and 403, and the trial court’s decision will not be reversed absent an abuse of that discretion. [Citation omitted.] Judicial abuse of discretion means that the reasons or rulings of the trial court are clearly untenable, unfairly depriving a litigant of a substantial right and denying a just result in matters submitted for disposition. [Citation omitted.] ... [W]e review the admission of evidence of other acts by considering (1) whether the evidence was relevant; (2) whether the evidence had a proper purpose; (3) whether the probative value of the evidence outweighed its potential for unfair prejudice; and (4) whether the trial court, if requested, instructed the jury to consider the evidence only for the purpose for which it was admitted. [Citation omitted.] Williams, in her brief, has conceded that the e”

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

2. “Williams’ first assignment of error is that the trial court erred in allowing the prosecution to adduce evidence of the birth of Jones’ child. Williams contends this evidence was unduly prejudicial and should have been excluded. As the State submits, evidence of the birth of Jones’ child tended to prove that Jones was pregnant. From this evidence and from the testimony of Bobby Ashley, Williams’ lover, to the effect that the child was his, the jury could have found beyond a reasonable doubt that Williams deliberately killed Jones out of jealousy. Though the subsequent death of the child may have been somewhat inflammatory, we cannot say that the admission of this evidence in the context of this trial rises to the level of prejudicial or plain error.”

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

3. “Judicial abuse of discretion means that the reasons or rulings of the trial court are clearly untenable, unfairly depriving a litigant of a substantial right and denying a just result in matters submitted for disposition.”

   1 later decision quote this exact passage
   e.g. 4 Neb. Ct. App. 489 - State v. Wilson