Rogers v. State’s Empirical Analysis

Citation profile

4 federal appellate · 47 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Prejudicial error is not committed by the court’s remark unless it constitutes an “unmerited rebuke” giving the jury the impression that defense counsel is being ridiculed. Davis v. State, 242 Ark. 43 , 411 S.W.2d 531 (1967); McAlister v. State, 206 Ark. 998 , 178 S.W.2d 67 (1944); Jones v. State, 166 Ark. 290 , 265 S.W. 974 (1924). However, prejudice is not shown where the record reveals that the trial judge was merely irritated at defense counsel’s trial tactics. Walker v. Bishop, 408 F.2d 1378 (8th Cir. 1969). Although the better practice, as we have often said, is to talk to counsel out of the jury’s hearing, we do not construe this remark as ridiculing the appellant’s counsel. The court merely was stating the obvious. By terse questioning on cross-examination, the defense counsel was properly attempting to weaken the prose-cutrix’s testimony as a witness. The court’s remark certainly did not relate to the merits of the case. At most, it could only be construed as a mere irritation which “does not constitute reversible error whether the court’s irritation was justified or not.” Walker v. Bishop, supra.”

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

2. “Well, you got her this way. Why don't you go ahead?”

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