State v. Prettyman’s Empirical Analysis

Citation profile

47 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In final argument the prosecuting attorney frequently began a sentence with the words, T think’; e.g., T think you’ll find that * * *’ or T think you will be able to find that * * *,’ followed by reference to evidence on an issue or a permissible inference that could be made. The frequency and context of the use of these words suggests to us that they were perhaps more idle cliche than deliberate expression of personal opinion, and the absence of objection by the defense counsel who actually heard them adds to this impression. They are, nevertheless, impermissible. [Citations omitted.] Although always wrong, such comments are not always prejudicial. The strength of the evidence against defendant and the otherwise balanced argument addressed to the jury’s acknowledged role in judging the evidence may be considered in determining whether such comments infected the verdict. So considered, we conclude that there was no reversible error.””

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Longo · State v. Van Alstine

2. ““* * * Although always wrong, such comments are not always prejudicial. The strength of the evidence against defendant and the otherwise balanced argument addressed to the jury’s acknowledged role in judging the evidence may be considered in determining whether such comments infected the verdict.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Taylor