Kirk v. State’s Empirical Analysis

Citation profile

2 district · 4 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “* * * But Rule 51 is not top-heavy with technical excuses for overlooking trial errors. After all only those errors are waived which might have been corrected had the proper óbjection or request been made. If the trial judge is fully informed of the specific grounds of the objection or request, there is no need for repetition. Few judges are aided by frequent repetition of objections which have once been overruled. In fact repetition is improper and may be annoying.”

   1 later decision quote this exact passage · from the majority
   e.g. Shoemaker v. State

2. ““If the court and the other parties knew what action the losing party wished taken * * * the appellate court may consider the alleged error even though no formal objection was made or exception taken. Thus if a motion or objection of the party, for which he has stated his grounds, is overruled * * * no further objection or exception is required. * * * ” (Emphasis supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. Shoemaker v. State