State v. Franklin’s Empirical Analysis

Citation profile

2 federal appellate · 61 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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]o constitute unfair prejudice, the photographs must create a 'tendency to suggest a decision on an improper basis, commonly, though not necessarily, an emotional one'”

   3 later decisions quote this exact passage
   e.g. State v. Hughey · State v. Hawes

2. “It is within the trial judge's discretion to prohibit a strike against a [juror] previously struck in violation of Batson.”

   3 later decisions quote this exact passage
   e.g. State v. Heyward · State v. Nelson

3. “The purpose of the bifurcated proceeding in a capital case is to permit the introduction of evidence in the sentencing proceeding which ordinarily would be inadmissible in the guilt phase. In the sentencing proceeding, the trial court may permit the introduction of additional evidence in extenuation, mitigation or aggravation. In determining whether to recommend a sentence of death, the jury may be permitted to see photographs which depict the bodies of the murder victims in substantially the same condition in which the defendant left them----The trial judge is still required to balance the prejudicial effect of the photographs against their probative value. However, in the sentencing phase, the scope of the probative value is much broader.”

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