State v. Moore’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Ordinarily, a properly preserved error concerning the admission of evidence is reviewed on appeal for an abuse of discretion. Unpreserved errors, however, are only reviewed for plain error, and such a review is undertaken at the Court’s discretion. The burden is on the Defendant to demonstrate plain error. A Defendant must show (1) that the error was plain, i.e., evident, obvious, and clear; (2) that a failure to correct the error would produce a manifest injustice or miscarriage of justice; and (3) that the error was outcome determinative. Such a standard places a much greater burden on Defendant than that ordinarily incurred on appeal, as he must go beyond a demonstration of mere prejudice and actually establish such a misdirection of the jury as would cause the requisite level of injustice.”

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