Bailey v. State’s Empirical Analysis

Citation profile

70 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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Rjelevant photographs [are not inadmissible] merely because the deceased has been removed to clinical surroundings. Only where the results of surgery have obfuscated the results of the crime will otherwise accurate depictions be inadmissible. The photographs here in question illustrated and clarified the doctor’s description of the injuries, and no error is reflected in their admission.”

   4 later decisions quote this exact passage
   e.g. Smith v. State · James v. State

2. “[i]n considering the charge on appeal, we will not review isolated portions, but will consider the charge as a whole.”

   2 later decisions quote this exact passage
   e.g. Chambers v. State · De La Garza v. State

3. ““In view of all the evidence elicited on the trial, it is more than probable that this defence, [sic] even under a proper instruction, would have had no appreciable effect with the jury, and would have been discarded altogether by them in reaching their conclusion. But that was not a question for the determination of the court below, and cannot be with this court on appeal. The provinces of court and jury are plainly and rigidly defined by law, and it is not for the former to act upon a belief that the latter cannot be affected by any particular portion of the evidence.” (Emphasis added).”

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