State v. James’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is well settled the admission of prior burglary or housebreaking convictions for limited consideration as an element of first degree burglary does not constitute undue prejudice. Thus, the admission of Cheatham’s prior burglary and housebreaking convictions as an element of first degree burglary does not constitute unfair prejudice in this case. Further, the trial judge specifically instructed the jury not to consider Cheatham’s prior convictions as evidence of the Patel burglary and to limit their consideration of the prior convictions to whether an element of first degree burglary was proven. We find no error in the admission of the convictions because the trial court took every precaution to prevent the improper consideration of Cheatham’s convictions and to guard against undue prejudice. Moreover, we find no merit to Cheatham’s assertion that because he was willing to stipulate to the “nighttime” element of first degree burglary, the State should have been limited to proving only the “nighttime” element and it was unnecessary for the State to present any evidence of the “two or more convictions of burglary or housebreaking” element. As previously discussed, the State is not required to accept a defendant’s stipulation of proof because the State still bears the burden of proving every element of a crime beyond a reasonable doubt. Despite Cheatham’s attempt to stipulate that he met the legal status to be charged with first degree burglary, we believe the trial court did ”

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

2. “[W]e note evidence of other crimes is admissible to establish a material fact or element of the crime charged. State v. Johnson, 293 S.C. 321 , 360 S.E.2d 317 (1987).... For purposes of an element of first degree burglary under § 16 — 11— 311(A)(2), we conclude the probative value of admitting the defendant’s prior burglary and/or housebreaking convictions is not outweighed by its prejudicial effect. Rule 403, SCRE. Further, while generally inadmissible, propensity evidence is not prohibited. Propensity evidence is admissible if offered for some purpose other than to show the accused is a bad person or he acted in conformity with his prior convictions. Rule 404, SCRE (evidence of other crimes is not admissible to prove character to show action in conformity but to show motive, absence of mistake or accident, intent, identity, the existence of common scheme or plan). Here, appellant’s two prior burglary convictions were offered to prove a statutory element of the current first degree burglary charge, not to suggest appellant was a bad person or committed the present burglary because he had committed prior burglaries.”

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