State v. Damon’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In order to succeed on such a claim, a defendant must show prejudice, that is, `a substantial or injurious effect or influence on the jury's verdict.'”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Jennings · State v. Monschke

2. ““[T]he seriousness of the present charge against the defendant; defendant’s temperament and character; his age and physical attributes; his past record; past escapes or attempted escapes, and evidence of a present plan to escape; threats to harm others or cause a disturbance; self-destructive tendencies; the risk of mob violence or of attempted revenge by others; the possibility of rescue by other offenders still at large; the size and mood of the audience; the nature and physical security of the courtroom; and the adequacy and availability of alternative remedies.””

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

3. “`the jury must necessarily conceive a prejudice against the accused, as being in the opinion of the judge a dangerous man, and one not to be trusted, even under the surveillance of officers'”

   1 later decision quote this exact passage
   e.g. In Re Woods