Gamble v. State’s Empirical Analysis

Citation profile

36 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If a contemporaneous objection is not made at the time the evidence is offered during a jury trial, the proverbial bel wil have been rang and the jury prejudiced. However, when the contested evidence is mentioned during a bench trial, there is no risk of prejudice because a trial judge is able to consider evidence only for its proper purpose. [Stewart v. State, 332 Ark. 138, 143 , 964 S.W.2d 793 (1988).] To preserve a point for appeal, a proper objection must be asserted at the first opportunity after the matter to which objection has been made occurs, [citation omitted.] This was done in the present case. There is -no merit to the State’s argument that the issue was not preserved.”

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

2. “Circumstantial evidence may constitute substantial evidence to support a conviction.... The longstanding rule in the use of circumstantial evidence is that, to be substantial, the evidence must exclude every other reasonable hypothesis than that of the guilt of the accused. The question of whether the circumstantial evidence excludes every hypothesis consistent -with innocence is for the jury to decide. Upon review, this court must determine whether the jury resorted to speculation and conjecture in reaching its verdict.”

   1 later decision quote this exact passage
   e.g. 2011 Ark. App. 637 - Thomas v. State