Lupoe v. State’s Empirical Analysis

Citation profile

99 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 99 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “must point to an error that was not affirmatively waived, the error must have been clear and not open to reasonable dispute, the error must have affected his substantial rights, and the error must have seriously affected the fairness, integrity or public reputation of judicial proceedings.”

   3 later decisions quote this exact passage
   e.g. Kemp v. State · Soto v. State

2. “do more than raise the possibility that a separate trial would give him a better chance of acquittal. He must make a clear showing that a joint trial would lead to prejudice and a consequent denial of due process.”

   3 later decisions quote this exact passage
   e.g. COLBERT v. the STATE. · Virger v. State

3. “A reasonable probability is a probability sufficient to undermine confidence in the outcome.”

   3 later decisions quote this exact passage
   e.g. Nguyen v. State · Smith v. State