State v. White’s Empirical Analysis

Citation profile

52 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We have said that in a jury trial of a criminal case, harmless error exists when there is some incorrect conduct by the trial court which, on review of the entire record, did not materially influence the jury in reaching a verdict adverse to a substantial right of the defendant. . . . And we have held that even a constitutional error which was harmless beyond a reasonable doubt does not warrant the reversal of a criminal conviction. ... We have also recognized, however, that harmless error review looks to the basis on which the jury actually rested its verdict. Thus, the inquiry is not whether in a trial that occurred without the error a guilty verdict would surely have been rendered, but, rather, whether the actual guilty verdict rendered in the questioned trial was surely unattributable to the error.”

   1 later decision quote this exact passage · from the majority
   e.g. 8 Neb. Ct. App. 539 - In Re Interest of Joseph L.

2. “(1) . . . [T]he use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion. (4) The use of deadly force shall not be justifiable under this section unless the actor believes that such force is necessary to protect himself against death [or] serious bodily harm . .. nor is it justifiable if: (a) The actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter; or (b) The actor knows that he can avoid the necessity of using such force with complete safety by retreating ....”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Marshall

3. “The material elements which the State must prove by evidence beyond a reasonable doubt in order to convinct [sic] the defendant of the crime charged are: 1. That the defendant intentionally obstructed, impaired, or hindered enforcement of the penal law or preservation of the peace by a peace officer acting under color of his or her official authority. 2. That such obstruction occurred as a result of the defendant using or threating [sic] to use violence, force, physical interference, or obstacle. 3. That such incident occurred in Buffalo County, Nebraska on or about October 20, 1996.”

   1 later decision quote this exact passage · from the majority
   e.g. 7 Neb. Ct. App. 153 - State v. Owen