State v. Primus’s Empirical Analysis

Citation profile

4 federal appellate · 46 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 54 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 the 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?”

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

2. “I. Did the Court of Appeals err in concluding White was entitled to an ABHAN charge? II. Did the Court of Appeals err in affirming the trial court’s refusal to charge the jury on simple assault and battery as a lesser-included offense of first-degree CSC? III. Did the Court of Appeals err in affirming the trial court’s admission of expert testimony on post-traumatic stress disorder and sexual abuse?”

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

3. “the actor threatens to use force or violence of a high and aggravated nature to overcome the victim or another person, if the victim reasonably believes that the actor has the present ability to carry out the threat, or threatens to retaliate in the future by the infliction of physical harm, kidnapping or extortion, under circumstances of aggravation, against the victim or any other person.”

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