State v. Olson’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In any event we axe not persuaded defendant is entitled to a reversal on the ground asserted. The general rule is that the distinct, prompt withdrawal of evidence erroneously admitted cures any error in admitting it except in extreme instances where it is manifest the prejudicial effect of the evidence on the jury remained and influenced the verdict despite its exclusion. State v. Miskell, 247 Iowa 678, 690 , 73 N.W.2d 36, 43 , and citations. See also State v. Bolds, 244 Iowa 278, 281, 282 , 55 N.W.2d 534, 535 ; State v. Canalle, 206 Iowa 1169, 1173 , 221 N.W. 847 . We think this is not such an extreme instance as calls for interference by us. “We have frequently held misconduct of the prosecuting attorney does not require a new trial unless it appears to have been so prejudicial as to deprive defendant of a fair trial. State v. Harless, 249 Iowa 530, 536 , 86 N.W.2d 210, 213 , and citations; State v. Miskell, supra; State v. Warren, 242 Iowa 1176, 1189 , 47 N.W.2d 221, 228 , and citations; State v. Caringello, 227 Iowa 305, 309 , 288 N.W. 80 .””

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

2. ““The motion to set aside the indictment can be made, before a plea is entered by the defendant, on one or more of the following grounds, and must be sustained: “1. When it is not endorsed ‘a true bill’ and the endorsement signed by the foreman of the grand jury as prescribed by this code. “2. When the names of all witnesses examined before the grand jury are not endorsed thereon. “3. When the minutes of the evidence of the witnesses examined before the grand jury are not returned therewith. “4. When it has not been presented and marked ‘filed’ as prescribed by this code. “5. When any person other than the grand jurors was present before the grand jury when the question was taken upon the finding of the indictment. “6. When any person other than the grand jurors was present before the grand jury during the investigation of the charge, except as required or permitted by law. “7. That the grand jury were not selected, drawn, summoned, impaneled, or sworn as prescribed by law, except as hereinafter provided.””

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

3. ““We have repeatedly held an indictment may be set aside only on grounds enumerated in statutes, §§ 776.1, 773.6 * * * “Defendant argues the district court had inherent power to set aside the indictment on a ground not specified in the statutes and should have exercised it here. We need not determine whether such power exists in an exceptional case in order to prevent oppression or violation of constitutional rights. If it be assumed the power exists, a proper case for its exercise has not been shown here. See in this connection State v. Manley, 197 Iowa 46, 48-49 , 196 N.W. 724 ; State v. Baughman, supra, 111 Iowa 71, 73 , 82 N.W. 452 .” (Emphasis added.)”

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