Scruggs v. State’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When prejudicial matter is improperly placed before the jury, a mistrial is appropriate if it is essential to the preservation of the defendant’s right to a fair trial.” [Cit.] It is up to the trial court to decide “whether a mistrial must be granted as the only corrective measure or whether the prejudicial effect can be corrected by withdrawing the testimony from the consideration of the jury under proper instructions.” [Cit.] Since the curative instructions adequately preserved appellant’s right to a fair trial, the trial court did not abuse its discretion when it denied the motion for mistrial. [Cit.]”

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

2. “adequately preserved appellant's right to a fair trial”

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