Barshaw v. State’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[N]on-constitutional error must be disregarded unless it affects the defendant’s substantial rights. This court “will not overturn a criminal conviction for non-constitutional error if the appellate court, after examining the record as a whole, has fair assurance that the error did not influence the jury, or influenced the jury only slightly.” In considering the potential to harm, the focus is not on whether the outcome of the trial was proper despite the error, but whether the error had a substantial or injurious effect or influence on the jury’s verdict. A conviction must be reversed for non-constitutional error if the reviewing court has grave doubt that the result of the trial was free from the substantial effect of the error. “Grave doubt” means that “in the judge’s mind, the matter is so evenly balanced that he feels himself in virtual equipoise as to the harmless.ness of the error.” “[I]n cases of grave doubt as to harmlessness the petitioner must win.””

   3 later decisions quote this exact passage · from the majority
   e.g. Jeffrey Dean Gerron v. State · Proenza v. State

2. “(1) voir dire, if applicable; (2) the State’s theory and any defensive theories; (3) any physical evidence admitted for the jury’s considération; (4) any testimony admitted for the jury’s consideration; (5) the nature of the evidence supporting the verdict; (6) the character of the alleged error and how it might be- considered in connection with other evidence in the case; ' (7) the jury histructions; (8) closing arguments; and (9) whether the State emphasized the error.”

   2 later decisions quote this exact passage · from the majority
   e.g. Proenza v. State · Joe Louis Tienda v. State

3. “A substantial right is affected when the error had a substantial and injurious effect or influence in determining the jury's verdict.”

   1 later decision quote this exact passage · from the majority
   e.g. Proenza v. State