Thomas v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““... A party may not sit idly by and make no objections to matters he might consider prejudicial, awaiting the outcome of a trial, and thereafter raise such question for the first time.” Dull v. State (1962), 242 Ind. 633 , 180 N. E. 2d 523 , quoting with authority from Gamble v. Lewis (1949), 227 Ind. 455 , 85 N. E. 2d 629 ; Kern v. Bridwell (1889), 119 Ind. 226 , 21 N. E. 664 . “. . . We cannot permit litigants to gamble on the possibility of a favorable verdict, . . .” Gamble v. Lewis, supra.”

   2 later decisions quote this exact passage
   e.g. 158 Ind. App. 260 - Maynard v. State · Dombkowski v. State

2. ““ ‘It is true, a trial court in any case may, within reasonable limits, 4, 5. interrogate a witness if done in a manner that will not improperly influence the jury.’ Rhodes v. State (1930), 202 Ind. 159 , 172 N. E. 176 . A fair-minded judge observing the incompetency of an attorney for the defense would be expected to take more than ordinary care to protect the rights of the accused.” Wilson v. State (1943), 222 Ind. 63 , 51 N. E. 2d 848 . “The purpose of this discretionary power is to allow the trial judge to step in and aid (a) the jury, or (b) the court (in a trial without a jury), in their fact-finding responsibilities; however, he is to do this in an impartial manner and not to improperly influence the jury with his own contentions.” Thomas v. State (1967), 248 Ind. 447 , 230 N. E. 2d 303 .”

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