State v. Wintjen’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Whether or not the remarks of counsel are improper, and whether or not improper remarks are prejudicial under the facts of the particular case and necessitate a reprimand of counsel or a discharge of the jury are matters which rest very largely within the trial court’s discretion, and the appellate court will not interfere unless the record shows an abuse of such discretion to the appellant’s prejudice. [Omitting cases].’” 500 S.W.2d at 42 .”

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

2. “[t]here exist many unpredictables in the trial of a lawsuit, but perhaps the most unpredictable is the flight to which words may soar in the heat and fatigue of the closing argument. It is thus recognized by our courts that as to the impropriety of argument and its effect, each case must be considered in light of the facts of that particular case.”

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

3. “We are not concerned with an instance of a single breach arising more or less spontaneously under the stress and excitement of contest.”

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