State v. Uk’s Empirical Analysis

Citation profile

6 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. “[The] two steps can and should be simply described as error and prejudice. To determine whether prosecutorial error has occurred, the appellate court must decide whether the prosecutorial acts complained of fall outside the wide latitude afforded prosecutors to 11 conduct the State's case and attempt to obtain a conviction in a manner that does not offend the defendant's constitutional right to a fair trial. If error is found, the appellate court must next determine whether the error prejudiced the defendant's due process rights to a fair trial. In evaluating prejudice, we simply adopt the traditional constitutional harmlessness inquiry demanded by Chapman. In other words, prosecutorial error is harmless if the State can demonstrate 'beyond a reasonable doubt that the error complained of will not or did not affect the outcome of the trial in light of the entire record, i.e., where there is no reasonable possibility that the error contributed to the verdict.'”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Douglas · State v. Gallegos

2. “[W]hen evaluating the factual appropriateness of a voluntary manslaughter instruction, courts consider whether there was 'an adequate provocation that deprives a reasonable person of self-control and causes that person to act out of passion rather than reason.' Under this framework, 'Mere words or gestures, however offensive, do not constitute legally sufficient provocation for a finding of voluntary manslaughter.' Additionally, 'Whether provocation was legally sufficient is based on an objective standard.' [Citations omitted.]”

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

3. “Voluntary manslaughter is knowingly killing a human being committed . . . [u]pon a sudden quarrel or in the heat of passion.”

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