State v. Barrett’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Generally, an appellate court reviewing a jury instruction challenge must determine whether the issue was preserved; whether the instruction was legally and factually appropriate; and whether any error was harmless.”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Toothman · State v. Boothby

2. “one factor, among many, to be considered as part of the applicable harmlessness test.”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Gentry · State v. Randle

3. “'When a lesser included offense has been the subject of an instruction, and the jury convicts of the greater offense, error resulting from failure to give an instruction on another still lesser included offense is cured.'”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Gentry