State v. Holt’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “" 'Under Williams , a failure to perform the requisite balancing test is a violation of a defendant's due process rights under the United States Constitution.' Brumbach , 273 Or. App. at 564 [ 359 P.3d 490 ] (citing Williams , 357 Or. at 18 [ 346 P.3d 455 ] ). Thus, we must reverse and remand for a new trial unless we can confidently say, ' "on the whole record, that the constitutional error was harmless beyond a reasonable doubt." ' Id. at 564 [ 359 P.3d 490 ] (quoting Delaware v. Van Arsdall , 475 U.S. 673 , 681, 106 S.Ct. 1431 , 89 L.Ed.2d 674 (1986) ). Here, the trial court could conclude that 'the evidence is so unfairly prejudicial as to be inadmissible under OEC 403.' Brumbach , 273 Or. App. at 565 [ 359 P.3d 490 ]. And, with that evidence excluded, the outcome of the trial could have been different. Accordingly, we cannot say that the error in admitting the evidence at issue-that defendant had been intimate with the victim prior to the charged acts of kissing the victim-without first conducting balancing would not have affected the jury's determination of whether defendant kissed the victim as charged. See id . Thus, we reverse and remand for a new trial."”

   1 later decision quote this exact passage
   e.g. 292 Or. App. 826 - State v. Holt

2. “At a pretrial hearing, the state argued that the evidence was admissible to show defendant's 'sexual propensity toward [the] victim' under the reasoning set out in State v. McKay , 309 Or. 305 , 308, 787 P.2d 479 (1990). Defendant argued that the evidence was not relevant and the court rejected that argument. Defendant did not reiterate his request for OEC 403 balancing, and the court admitted the evidence without conducting balancing. The jury convicted defendant, and this appeal followed.”

   1 later decision quote this exact passage
   e.g. 292 Or. App. 826 - State v. Holt

3. “'Under Williams , a failure to perform the requisite balancing test is a violation of a defendant's due process rights under the United States Constitution.' Brumbach , 273 Or. App. at 564 [ 359 P.3d 490 ] (citing Williams , 357 Or. at 18 [ 346 P.3d 455 ] ). Thus, we must reverse and remand for a new trial unless we can confidently say, ' "on the whole record, that the constitutional error was harmless beyond a reasonable doubt.”

   1 later decision quote this exact passage
   e.g. 292 Or. App. 826 - State v. Holt