Teague v. State’s Empirical Analysis

Citation profile

62 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"they show the 'well known frontal and profile view of a person with prison numbers and legend thereon referring to arrests or convictions [and] ... there is an implication that the pictures were taken some time in the past when the defendant was charged or convicted of past crimes.'"”

   2 later decisions quote this exact passage
   e.g. Gilliam v. State · James v. State

2. “"As a general rule the character of the deceased is not an issue in the trial for homicide, and evidence to show his general reputation as a dangerous and violent man is inadmissible. An exception to the general rule is the existence of the issue of self-defense. Madison v. State, (1971) 256 Ind. 353 , 269 N.E.2d 164 ; Osburn v. State, (1905) 164 Ind. 262 , 73 N.E. 601 . Madison went on to say, however, that there ought to be some other appreciable evidence of the deceased's aggression substantiating the self-defense issue before such testimony is relevant and admissible."”

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

3. “The doctrine of fundamental error allows an appellate court to by-pass the normal rules of appellate procedure, such as the requirement of a timely and specific objection, when it appears that a reluctance to invoke the doctrine would amount to blatant error that denies the appellant fundamental due process.”

   1 later decision quote this exact passage
   e.g. Ortiz v. Duckworth