State v. Sewell’s Empirical Analysis
2013
Citation profile
10
cited by 10 later decisions
1
states following
June 2019
most recently cited
10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“an end not justified by, and clearly against, evidence and reason”
4 later decisions quote this exact passage“'an undue tendency to suggest decisions on an improper basis, commonly although not always an emotional one.' " State v. White , 71 Or. App. 299 , 303, 692 P.2d 167 (1984), rev. den. , 298 Or. 705 , 695 P.2d 1372 (1985) (quoting Legislative Commentary to OEC 403 ). "The critical inquiry in determining whether evidence is unfairly prejudicial is whether the evidence improperly appeals to the preferences of the trier of fact for reasons that are unrelated to the power of the evidence to establish a material fact.”
3 later decisions quote this exact passage“"(1) 'analyze the quantum of probative value of the evidence and consider the weight or strength of the evidence'; (2) 'determine how prejudicial the evidence is, [that is,] to what extent the evidence may distract the jury from the central question whether the defendant committed the charged crime'; (3) balance those two factors; and (4) make a ruling to admit some, all, or none of the proponent's evidence."”
3 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.