People v. Cheary’s Empirical Analysis

Citation profile

95 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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . Although it is error to receive in evidence gruesome photographs of a homicide victim designed primarily to arouse the passions of the jury (People v. Burns, 109 Cal.App.2d 524, 541-542 [ 241 P.2d 308 , 242 P.2d 9 ]; People v. Redston, 139 Cal.App.2d 485, 490-491 [ 293 P.2d 880 ]), such photographs are admissible when they are relevant to the issues before the court and their probative value is not outweighed by the danger of prejudice to the defendant. (People v. Reese, 47 Cal.2d 112, 120-121 [ 301 P.2d 582 ].) Whether the probative value of a particular photograph outweighs its possible prejudicial effect is a question to be resolved by the trial court in the exercise of its judicial discretion. (People v. Reese, supra, 47 Cal.2d at 120 ; People v. Burns, supra, 109 Cal.App.2d at 542 .) The photographs in question were admitted in connection with the pathologist’s testimony regarding the extent of the decedent’s injuries and the cause of her death, the latter being a matter disputed by defendant. The photographs are corroborative of the pathologist’s testimony and help to show the extent of the decedent’s injuries. ...””

   2 later decisions quote this exact passage
   e.g. People v. Taylor · 182 Cal. App. 2d 819 - People v. Toth

2. ““Murder is the unlawful killing of a human being with malice aforethought. “Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. “Malice aforethought, either express or implied, is manifested by the doing of an unlawful and felonious act intentionally, deliberately, and without legal cause or excuse. It does not imply a pre-existing hatred or enmity toward the individual injured.” “Murder is classified into two degrees, and if you should find the defendant guilty of murder, it will be your duty to determine and state in your verdict whether you find the murder to be of the first or second degree.””

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

3. “The choice by the jury between the possible punishments for first degree murder is to be made during and not before the jury's deliberation on that question. We recently held, therefore, that a juror who entertains views formulated before trial that compel him to vote for one of the two possible punishments regardless of what the evidence at the trial may reveal should be excused. ( People v. Riser, 47 Cal.2d 566, 575-576 [ 305 P.2d 1 ].) ... the tenor of the discussion affords no reason to believe that the death penalty was overemphasized or that the jurors thought that the court was endorsing the death penalty....”

   1 later decision quote this exact passage
   e.g. 70 Cal. 2d 790 - People v. Tolbert