Abel v. State’s Empirical Analysis

Citation profile

12 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 12 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 passion of the jury, 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.'"”

   5 later decisions quote this exact passage
   e.g. Castleberry v. State · Thompson v. State

2. ““The photographs in question were identified by several witnesses as being true and correct pictorial representations of the body of Jaekqueline Abel as they observed her at the hospital. The pictures were not taken after extensive autopsy surgery and were not gruesome. The photographs clearly depict the various bruises upon the child’s body and their probative value is not outweighed by the danger of prejudice to the defendant.””

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

3. “It is the duty of the court to determine as a matter of law whether the evidence is such as to justify the submission of both or either of these issues to the jury. This duty may sometimes be extremely difficult, and if there is any doubt about the matter in the mind of the court, the lower degree of the homicide should be submitted for the consideration of the jury. Clapp v. State, 73 Okl.Cr. 261 , 120 P.2d 381 (1941).”

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