37 Cal. 4th 592 - People v. Robinson’s Empirical Analysis

Citation profile

3 federal appellate · 112 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 118 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In that murder trial, the court admitted a 17minute `video montage' tribute to the murder victim—approximately 140 photographs set to emotional music, including `My Heart Will Go On,' sung by Celine Dion and featured prominently in the film Titanic (20th Century Fox 1997). [Citation.] Reversing a lower appellate court decision finding the presentation admissible, the Texas Court of Criminal Appeals remanded for an assessment of prejudice. In so ruling, the state high court observed, among other things, that `the punishment phase of a criminal trial is not a memorial service for the victim. What may be entirely appropriate eulogies to celebrate the life and accomplishments of a unique individual are not necessarily admissible in a criminal trial' [citation], and that `we caution that victim impact and character evidence may become unfairly prejudicial through sheer volume. Even if not technically cumulative, an undue amount of this type of evidence can result in unfair prejudice .... Hence, we encourage trial courts to place appropriate limits upon the amount, kind, and source of victim impact and character evidence.' [Citation.]”

   1 later decision quote this exact passage
   e.g. 42 Cal. 4th 763 - People v. Kelly

2. “a claim [he] was a 'peaceful person' "; and (3) misrecalled defendant's testimony about retribution. In our view, the trial court's initial ruling on impeachment was not tentative. The court definitively stated it would admit the prior felonies for impeachment, but not the misdemeanor misconduct. The court stated no fewer than three times that defendant's misdemeanor conduct was not admissible as impeachment because the probative value of the evidence was substantially outweighed by the probability that its admission would create substantial danger of misleading the jury. First, after the prosecution rested, the court stated: "[U]nder [ Evidence Code section] 352, I'm not going to allow that [ section ] 12020 to be used, because I think that here they are getting too similar given the knife wounds to the incident offense, and that the jury might be misled by it. " (Italics added.) Second, after further argument, the court reiterated: "Well, I'm not going to be using it for impeachment, but I am going to take it into consideration as to whether the burglary should be used to impeach.”

   1 later decision quote this exact passage
   e.g. 232 Cal. Rptr. 3d 865 - People v. Hall

3. “If counsel had believed that further inquiry was necessary . . ., he could have submitted additional questionnaire inquiries or suggested additional oral questions. . . . [D]efense counsel's failure to do so forfeits the claim on appeal.”

   1 later decision quote this exact passage
   e.g. 50 Cal. 4th 1301 - People v. Foster