Abernathy v. State’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. “[T]he jurors’ customary respect for the judge “can lead them to accord great and perhaps decisive significance to the judge’s every word and intimation. It is therefore essential that the judge refrain from any actions indicating any position other than strict impartiality.””

   2 later decisions quote this exact passage
   e.g. Harrington v. State · Marcum v. State

2. “The questions did not clarify facts for the jury; they indicated the judge's opinion of the witness' credibility. The jury must be allowed to form its own opinion on the credibility of the witnesses free of any influence by the judge's beliefs or opinions. [The defendant's] defense hinged on the distinction between consensual intercourse and foreible rape. The testimony of [the witnesses] was directed to this issue. By suggesting he disbelieved the witnesses, the judge necessarily indicated his disbelief of [the defendant's] defense. His opinion of any exculpatory evidence was readily apparent to the jury. Because of the deference which juries accord the judge's opinions, this lack of neutrality was detrimental to [the defendant's] defense.”

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

3. “turned his chair so that he sat with his back to the witness and placed his feet on the wall in what defense counsel interpreted as an attitude of disbelief or disinterest.”

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