Miller v. State’s Empirical Analysis

Citation profile

3 federal appellate · 24 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) must be probative of a disputed issue in the case being tried; (2) that there must be a "visible connection" between the charged crime(s) and the evidence sought to be introduced; (3) that the evidence of the other crime(s) must be necessary to support the State's burden of proof in the case being tried; (4) that the evidence of the other crime(s) sought to be introduced must be clear and convincing; and (5) that the probative value of the other crime(s) evidence must outweigh any unfair prejudice to the defendant resulting from its introduction.”

   4 later decisions quote this exact passage · from the majority
   e.g. TAFOLLA v. STATE · BRAMLETT v. STATE

2. “must be based upon evidence establishing that the defendant committed the charged crime(s), rather than evidence of other offenses.”

   3 later decisions quote this exact passage · from the majority
   e.g. MOORE v. STATE · BRAMLETT v. STATE

3. “before a federal constitutional error can be held harmless, the [reviewing] court must be able to declare a belief that it was harmless beyond a reasonable doubt”

   2 later decisions quote this exact passage · from the concurrence
   e.g. TAFOLLA v. STATE · TAFOLLA v. STATE