Duncan v. State’s Empirical Analysis

Citation profile

1 federal appellate · 46 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"35-34-1-11. Severance of offenses-Severance of defendants.-(a) Whenever two [2] or more offenses have been joined for trial in the same indictment or information solely on the ground that they are of the same or similar character, the defendant shall have a right to a severance of the offenses. In all other cases the court, upon motion of the defendant or the prosecutor, shall grant a severance of offenses whenever the court determines that severance is appropriate to promote a fair determination of the defendant's guilt or innocence of each offense considering: (1) The number of offenses charged; (2) The complexity of the evidence to be offered; and (3) Whether the trier of fact will be able to distinguish the evidence and apply the law intelligently as to each offense."”

   2 later decisions quote this exact passage
   e.g. Grimes v. State · Douglas v. State

2. “A mere document, relating to a conviction of one with the same name as the defendant [is] insufficient.”

   2 later decisions quote this exact passage
   e.g. Mogle v. State · Keegan v. State

3. ““We there stated and here affirm the rule that a sentence imposed pursuant to a proper habitual criminal finding is neither disproportionate nor cruel and unusual.””

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