State v. Primus’s Empirical Analysis

Citation profile

15 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. Did the trial court have subject matter jurisdiction in this case as Respondent was indicted for first-degree criminal sexual conduct but was convicted of assault and battery of a high and aggravated nature? 2. Did the Court of Appeals err in finding it was improper for the Assistant Solicitor to comment on Respondent’s failure to call his uncle as a witness when Respondent made a voluntary statement relating his alibi, and specifically posed questions on cross-examination that elicited and supported his alibi defense? 3. Did the Court of Appeals err in denying State’s motion to supplement the Record on Appeal when the requested portions were relevant to the curative instruction analysis and harmless error analysis employed by the Court? 4. Did the Court of Appeals err in finding the trial court committed reversible error in failing to sustain Respondent’s objection to the Assistant Solicitor’s comment on alibi and immediately give a curative instruction? 5. Did the Court of Appeals err in concluding the trial court’s jury charges did not cure any error in allowing the Assistant Solicitor’s comment on alibi? 6. Did the Court of Appeals err in concluding the Assistant Solicitor’s comment on alibi was not harmless error analysis?”

   1 later decision quote this exact passage
   e.g. 555 F. Supp. 2d 596 - Primus v. Padula

2. “1. Did the Court of Appeals err in finding it was improper for the Assistant Solicitor to comment on Respondent’s failure to call his uncle as a witness? 2. Did the Court of Appeals err in denying State’s motion to supplement the record on appeal? 3. Did the Court of Appeals err in finding the trial court committed reversible error in failing to sustain Respondent’s objection to the Solicitor’s comments and failing to immediately give a curative instruction? 4. Did the Court of Appeals err in concluding the trial court’s jury charges on Respondent’s rights not to testify or put up any evidence did not cure the error of allowing the Solicitor's improper comments? 5. Did the Court of Appeals err in concluding the possibility of prejudice from the Solicitor’s comment mandated reversal of the conviction under a harmless error analysis?”

   1 later decision quote this exact passage
   e.g. 555 F. Supp. 2d 596 - Primus v. Padula

3. “the cases are legion in holding if an appellant objects and the objection is sustained but he does not move for a curative instruction or request a mistrial, he has received what he asked for and cannot be heard to complain on appeal”

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