Noel v. State’s Empirical Analysis

Citation profile

2 federal appellate · 85 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 89 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]e have stated that a reversal of a conviction based on cumulative error is only appropriate in ‘rare and egregious’ cases. An analysis of the five instances complained of in the instant case illustrates that neither individually nor collectively do they rise to the level of reversible error. First, Mary Hussian’s testimony that Noel looked like ‘an animal’ on the night of the murders is not a representation of his character and was not objected to on that basis. The trial court properly denied the motion for mistrial, and defense counsel did not request an admonishment. Second, Hussian’s statement that she forged a prescription because she had heard that Noel ‘was out’ was made during defense counsel’s cross-examination and was not objected to on the grounds of improper character evidence. The trial court correctly denied the mistrial motion because the jury could just as easily have concluded that Noel was ‘out’ on bail, and again, defense counsel did not ask for an admonishment.”

   1 later decision quote this exact passage
   e.g. 194 F. Supp. 2d 893 - Noel v. Norris

2. “This case is no different from Bullock v. State, supra, or Cook v. State, supra, in that it was the actions of defense counsel and Noel himself that put his credibility in issue. It was a fair inference to be argued to the jury that the failure of Noel to call any alibi witness to the stand undermined his credibility. Any prejudice resulting from the prosecutor’s allusion to absent testimony could have been easily cured by an admonishment, which defense counsel did not request. Cook v. State, supra.”

   1 later decision quote this exact passage
   e.g. 93 Ark. App. 1 - Durden v. State

3. “the Eighth Amendment erects no per se bar. A State may legitimately conclude that evidence about the victim and about the impact of the murder on the victim’s family is relevant to the jury’s decision as to whether or not the death penalty should be imposed. There is no reason to treat such evidence differently than other relevant evidence is treated.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Kemp v. State