State v. Higgenbotham’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Where the sufficiency of the evidence is challenged for establishing the existence of an aggravating circumstance in a hard 40 sentencing proceeding, the standard of review is whether, after a review of all the evidence, viewed in the light most favorable to the prosecution, a rational factfinder could have found die existence of die aggravating circumstance by a preponderance of the evidence. [Citation omitted.]””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Albright

2. ““This case is distinguishable from Old Chief in that Higgenbotham’s legal status at the time of the crime was not an issue. His obtaining the fraudulent Arizona driver’s license was relevant to both the identity issue and his behavior during the criminal investigation. The general rule that a party need not be required to accept a stipulation is applicable.” 264 Kan. at 604 .”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Lee

3. “ask whether the language used was outside the wide latitude allowed a prosecutor because it was of such a character that the jury would naturally and necessarily take it to be a comment on the failure of the accused to testify or to shift the burden of proof. If so, it is error.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Harris