Davis v. State’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[I]t is not the case here, as in White , that the witness was called solely to wield the evidentiary harpoon. Officer Pointer gave competent testimony concerning his search for physical evidence at the Black-ford house. The question that elicited the testimony at issue, moreover, was not designed solely to bring in the inadmissible testimony, but was apparently designed to establish that the return trip to Blackford was to bring by a suspect for identification within a short time after the crime had occurred. In White we felt particularly compelled to override the trial court’s determination that an admonition would suffice to cure any prejudice because we found that the deliberate interjection of inadmissible evidence of other crimes amounted to misconduct by the prosecution. We did not, however, restrict our intervention to such blatant instances of prosecutorial misconduct. The gauge is not exclusively the way in which the testimony entered the case but rather the probable impact of the irregularity on the verdict. We require a high level of assurance that there was no residuum of prejudice left after the jury was admonished.””

   2 later decisions quote this exact passage
   e.g. Rose v. State · Clark v. State

2. ““A person had been apprehended at the address on Henning. The general description of this person was close to the description that had been given by [the victim of the robbery charged]. We thought it to be a good idea to take this person by to see if the two might have been the same person on both offenses.””

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

3. “we ... require a high level of assurance that the irregularity did not affect the verdict before we will affirm the judgment.”

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