Brown v. State’s Empirical Analysis

Citation profile

2 federal appellate · 30 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “No right has been more zealously protected by this court than the right of an accused to have the jury instructed on lesser-included offenses. Rainey v. State, 310 Ark. 419 , 837 S.W.2d 453 (1992); Robinson v. State, 269 Ark. 90 , 598 S.W.2d 421 (1980). It is reversible error to refuse to give an instruction on a lesser-included offense when the instruction is supported by even the slightest evidence. See Ellis v. State, 345 Ark. 415 , 47 S.W.3d 259 (2001); Harshaw v. State, 344 Ark. 129 , 39 S.W.3d 753 (2001). Thus, we will affirm the trial court’s decision to exclude an instruction on a lesser-included offense only if there is no rational basis for giving the instruction. Id. See abo Ark. Code Ann. § 5 -l-110(c) (Repl. 1997).”

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

2. “[W]e held in the earlier Smith case that, whenever the accused introduced evidence of coercion, the burden of the state could only be met by calling all material witnesses or giving adequate explanation for the absence of any who did not testify. Nowhere in Smith does it appear that, in making an objection based upon a contention the state has failed to show a statement is involuntary, a defendant must point out, in precise words, that a material witness was not called.”

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

3. “The State has the burden to produce all material witnesses who were connected with the controverted confession or give an adequate explanation of their absence. (Emphasis in original.)”

   1 later decision quote this exact passage
   e.g. 77 Ark. App. 202 - Oliver v. State