Dailey v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Defendant’s confession was suppressed, at a pre-trial hearing, because of a violation of his constitutional rights. Defendant contends that the State made repeated efforts to inform the jury that he had confessed to the police. The record reflects that, on at least eight occasions, the prosecutor asked State witnesses whether or not Defendant had given a statement to the police, and on two occasions, the prosecutor asked the witness to relate what was said. These ten instances resulted in nine objections, six of which were sustained. Three of these rulings were accompanied by admonishments to the jury. In overruling the first three of such objections, the trial court stated that the police officers could testify as to Defendant’s demeanor during the interrogation by the police officers but not as to the contents of the conversation. Upon Defendant’s fourth objection, however, the trial court modified its earlier ruling and held that only evidence of Defendant’s demeanor prior to the interrogation was admissible, and he sustained the next six objections in like instances. Two such instances included revelations of the contents of the conversations. The State argues that it was entitled to introduce evidence of Defendant’s demeanor while in custody, to rebut his insanity defense. However, by making repeated attempts to bring before the jury that which had already been held to be inadmissible in evidence, the State placed Defendant in a position of ‘grave peril’ to which he sho”

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

2. ““Before sentencing a person for a felony the court must conduct a hearing to consider the facts and circumstances relevant to sentencing. The person is entitled to subpoena and call witnesses and otherwise to present information in his own behalf. The court shall make a record of the hearing, including: “(1) a transcript of the hearing; “(2) a copy of the presentence report; and “(3) if the court finds aggravating circumstances or mitigating circumstances, a statement of the court’s reasons for selecting the sentence that it imposes.” •”

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