Rank v. State’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[p]lain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court.”

   2 later decisions quote this exact passage
   e.g. Armstrong v. State · Shafer v. State

2. “(a) Motions for Judgment of Acquittal. Motions for directed verdict shall not be used and motions for judgment of acquittal shall be used in their place. The court, on motion of a defendant or of its own motion, shall order the entry of judgment of acquittal of one or more offenses charged in the indictment or information after the evidence on either side is closed, if the evidence is insufficient to sustain a conviction of such offense or offenses. If a defendant’s motion for judgment of acquittal at the close of the state’s ease is not granted, the defendant may offer evidence without having reserved the right. (b) Reservation of Decision on Motion — Renewal of Motion. If a motion for judgment of acquittal is made at the close of all the evidence, the court may reserve decision on the motion, submit the ease to the jury and decide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without having returned a verdict. If the motion is denied and the case is submitted to the jury, the motion may be renewed within 5 days after the jury is discharged and may include in the alternative a motion for a new trial. If a verdict of guilty is returned the court may on such motion set aside the verdict and order a new trial or enter judgment of acquittal. If no verdict is returned the court may order a new trial or enter judgment of acquittal.”

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

3. “During the trial Rank had presumably taken the position that to explore' the subject in detail would be advantageous to his cause. In this court lie adopts the totally inconsistent position that lie has suffered a grave disadvantage. We hold that he is hound by the choice he first made in the court below.”

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