State v. Spaulding’s Empirical Analysis

Citation profile

38 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Defendant’s testimony covered 35 pages out of approximately 393 pages of testimony. The trial court did not attempt to narrow the jury’s request to specific parts of the testimony. He categorically refused to honor any requests for rereading evidence. In fact, the court refused to exercise its discretion at all by determining at the outset of deliberations, and before any requests from the jury, that no testimony would be reread. Under the circumstances of this case, the trial court abused its discretion to the defendant’s prejudice. The effect of the court’s inaction was to force the jury to decide the case on the basis of [a] sketchy memory of the evidence. The error was especially prejudicial since the requested testimony was the testimony of the defendant, the witness who most clearly presented evidence supporting the claim of self-defense. Defendant’s testimony went to the core of the case, and it is clear from the record that the jury needed assistance. Under these circumstances, even though the defendant failed to object at trial, the trial court committed prejudicial error by refusing the jury’s request in such a close case.”

   2 later decisions quote this exact passage
   e.g. State v. McMorris · State v. Smith

2. “The test of determining whether prosecu-torial misconduct was harmless depends partly upon the type of misconduct with which we are dealing. That is, the more serious the misconduct the more certain of its effect this court has felt that it should be before labeling the error harmless. Thus, in cases involving unusually serious prosecutorial misconduct this court has required certainty beyond a reasonable doubt that the misconduct was harmless before affirming.... On the other hand, in cases involving less serious prosecutorial misconduct this court has applied the test of whether the misconduct likely played a substantial part in influencing the jury to convict.”

   2 later decisions quote this exact passage
   e.g. State v. Eggert · King v. State

3. “1. If the jury, after retiring for deliberation, requests a review of certain testimony * * *, the jurors shall be conducted to the courtroom. The court, after notice to the prosecutor and defense counsel, may have the requested parts of the testimony read to the jury * * *. 2. The court need not submit evidence to the jury beyond that specifically requested by the jury, but in its discretion the court may also have the jury review other evidence relating to the same factual issue so as not to give undue prominence to the evidence requested.”

   2 later decisions quote this exact passage
   e.g. State v. McMorris · State v. Rean