Mitchell v. State’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. ““Q. If a person has been convicted of more than one crime do you think that on the second time they should be punished more? “A. I have the feeling — (interrupted). “[DEFENSE COUNSEL]: Your Honor, we would object to that, as a speculative answer of the witness. "THE COURT: Sustained. “Q. Mrs. Williams, if you had a daughter who was sexually assaulted, what would you want done to the person who sexually assaulted your daughter? “[DEFENSE COUNSEL]: Your Honor, we’re going to object to that, as, also, pure speculation. “THE COURT: Sustained. “[DEFENSE COUNSEL]: Ask the jury to disregard the question. “THE COURT: Jury is so instructed. “[DEFENSE COUNSEL]: Also, move for a mistrial. “THE COURT: That’s denied. “Q. If someone had sexually assaulted your daughter would you want that person to receive leniency or mercy or justice? “[DEFENSE COUNSEL]: Your Honor, again, we feel that this is asking, or only speculation of this witness, and object to it being speculative. “THE COURT: Sustained. “[DEFENSE COUNSEL]: Ask that the jury disregard it. “THE COURT: The jury is so instructed. “[DEFENSE COUNSEL]: Move for a mistrial. “THE COURT: That’s denied.””

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

2. ““An error in asking an improper question or in admitting improper testimony may be generally cured or rendered harmless by a withdrawal of such testimony and an instruction to disregard the same except in extreme cases where it appears that the question or evidence is clearly calculated to inflame the minds of the jury and is of such character as to suggest the impossibility of withdrawing the impression produced on their minds [additional authorities omitted].””

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