Driver v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * The prosecuting attorney, on cross-examination of the character witness, Ellen Whitten, asked the witness, ‘What kind of guns does your son-in-law own?’ (Tr. 84) Defendant objected to the question, and the same was sustained by the trial court. Defendant argues that, although the objection was sustained, the damage was done by the mere asking, and that the prejudice created was too great to overcome. In Melot v. State, Okl.Cr., 375 P.2d 343 , we quoted from the fifth syllabus of Johnson v. State, 95 Okl.Cr. 1 , 237 P.2d 909 : ‘ “Where the guilt of the defendant is clear and there is no reason to believe that the jury could arrive at any other verdict but guilty the court will not reverse a case because of improper conduct of the county attorney.” ’ ””

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

2. “when several defendants are tried together they cannot sever their challenges, but must join therein.”

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