State v. Alwin’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “informing the jury that the attorneys' comments are not evidence.”

   2 later decisions quote this exact passage
   e.g. State v. Miller · State v. Godwin, Sr.

2. “You are to decide the facts from all of the evidence presented in this case. The evidence that you are to consider - excuse me, the evidence you are to consider consists of sworn testimony of witnesses, exhibits which have been admitted into evidence, and any facts to which the parties have stipulated. Certain things you have heard or seen are not evidence, including arguments and statements by lawyers. The lawyers are not witnesses. What they say in their opening statements, closing arguments, and at other times is included to help you interpret the evidence but is not evidence. If the facts as you remember them differ from the way the lawyers have stated them, follow your memory .... In a few minutes counsel will present their closing remarks to you, and then you will retire to the jury room for your deliberations. Arguments and statements of attorneys are not evidence. If you remember the facts differently from the way the attorney[s] have stated them, you should base your decision on what you remember.”

   1 later decision quote this exact passage
   e.g. State v. Godwin, Sr.

3. “Prosecutorial misconduct during closing arguments will constitute fundamental error only if the comments were so egregious or inflammatory that any consequent prejudice could not have been remedied by a ruling from the trial court informing the jury that the comments should be disregarded.”

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