State v. Underwood’s Empirical Analysis

Citation profile

2 federal appellate · 41 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is a general rule that all evidence which may tend to impeach a witness is relevant. Because evidence of defendant’s conviction would be admissible in a subsequent civil action brought by [the prosecution witness] under Rule 803, subd. 22, Minnesota Rules of Evidence, [he] has a decided interest in the outcome of the trial and defendant should be entitled to introduce this evidence. There may be instances, although rare, where the probative value of the impeachment evidence may be outweighed by its tendency to prejudice or confuse the jury. In such cases, evidence that a prosecuting witness has contemplated filing a civil lawsuit against the defendant may be properly excluded. This, of course, is a matter wholly within the sound discretion of the trial court. In the case before us we believe that the jury was entitled to hear this evidence and that its exclusion was detrimental to the defendant.”

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

2. “If the jury acted with due regard for the presumption of innocence and the necessity of overcoming it with proof beyond a reasonable doubt, [a reviewing] court should not disturb its verdict.”

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