State v. Bernal’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. “If the alleged error was not followed by a contemporaneous objection, it must be reviewed under the fundamental error doctrine.”

   2 later decisions quote this exact passage
   e.g. State v. Miller · State v. Medina

2. “a reasonable possibility that the error 'affected the outcome of the trial court proceedings.'”

   2 later decisions quote this exact passage
   e.g. State v. Miller · State v. Medina

3. “(1) the defendant must demonstrate that one or more of the defendant's unwaived constitutional rights were violated; (2) the error must be clear or obvious, without the need for any additional information not contained in the appellate record, including information as to whether the failure to object was a tactical decision; and (3) the defendant must demonstrate that the error affected the defendant's substantial rights, meaning (in most instances) that it must have affected the outcome of the trial proceedings.”

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