Hill v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[I]f one cannot say, with fair assurance, after pondering all that happened without stripping the erroneous action from the whole, that the judgment was not substantially swayed by the error, it is impossible to conclude that substantial rights were not affected. The inquiry cannot be merely whether there was enough to support the result, apart from the phase affected by the error. It is rather, even so, whether the error itself had substantial influence. If so, or if one is left in grave doubt, the conviction cannot stand.” Kotteakos v. United States, (1946) 328 U.S. 750, 765 , 66 S.Ct. 1239, 1248 , 90 L.Ed. 1557, 1566-7 .”

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

2. ““This is not a case with strong evidence on both sides and, therefore, not one in which the conduct of the prosecutor would likely influence the trier of fact as we found in White v. State, supra. Nor is the state’s case ‘one which a prosecutor would be anxious to bolster.’ Fiswick v. United States (1946), 329 U.S. 211, 218 , 67 S.Ct. 224, 228 , 91 L.Ed. 196, 201 .””

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