State v. Cheatham’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Hearing of Jury. Hearings on the admissibility of confessions or statements by an accused, and pretrial identifications of an accused shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require, or when an accused is a witness and so requests.”

   2 later decisions quote this exact passage
   e.g. State v. Miller · State v. Lewis

2. “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