State v. Morris’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “I charge you that a material element of the securities fraud prosecution is the demonstration of the existence of what is called scienter. 12 Scienter is a mental state embracing intent to deceive, manipulate or defraud. Mere negligence will not suffer [sic] for conviction. Allegations of scienter must be based on a substantial factual basis in order to create a strong inference that the defendant acted with the required state of mind as required [sic]. I would further charge you that scienter may be established by a showing of knowing misconduct or severe recklessness. Proof of such recklessness would require a showing that the defendant’s conduct was an extreme departure of ordinary care which would present a danger of misleading buyers or sellers that is known to the defendant or is so obvious that the defendant must have been aware of it.”

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

2. “found in Quattlebaum was inapplicable where Appellant had not shown prosecutorial misconduct and had not demonstrated his prosecution was unconstitutional, improper, or that the government pursued a civil action or investigation solely to obtain evidence for a criminal prosecution). [18] We will not tolerate witness intimidation from anyone, including the Solicitor's office. Furthermore, we are deeply concerned that the Solicitor's behavior represents a pattern of misconduct that continues to undermine our state's system of justice. Specifically, this Court is concerned with the”

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

3. “Public Records and Reports. Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report ...; provided, however, that investigative notes involving opinions, judgments, or conclusions are not admissible.”

   1 later decision quote this exact passage
   e.g. Fowler v. Nationwide Mutual Fire Insurance