Clarke v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Prior to the sentencing hearing in this case, the prosecutor, Ms. Spalding, asked me something about whether I knew anything about [appellant] molesting or abusing his sisters in New York. I replied that I knew nothing about that. I was puzzled by the question, but assumed that it must be something that is routinely asked in cases like this. However, I had no idea that in the written presentence investigation report, I was quoted as saying that I had an intuition that [appellant] had engaged in improper conduct with his sister. If I had known that this was in writing, in the report, I would have asked that it be removed. I never said such a thing. I have never heard of any such behavior on [appellant’s] part toward anyone other than my daughter.”

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

2. “[The complainant’s mother] reported her niece, sister of the defendant, called her the day she took the complainant to the hospital. She reported her niece lives with her grandmother in New York, not with her mother. She stated her niece was very apologetic about her brother and stated she hated him for what he had done to the complainant. [The complainant’s mother] stated she had an intuition that perhaps the defendant’s sister had a similar experience with her brother, but was afraid to relate the experience to anyone.”

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

3. “(1) he did not timely make a prosecuto-rial misconduct claim in his written motion for new trial or in any amendment to that motion, and (2) even if he had raised a prosecutorial misconduct claim at the hearing itself, he still waived any constitutional claim on appeal because he did not present any constitutional argument to the trial court at the hearing.”

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