Goines v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The test must be whether the issue was fairly raised, or phrasing it another way, whether the trial judge was fairly apprised of petitioner’s objection or given a reasonable opportunity to consider the matter. [Citation omitted] “It would be manifestly unjust to apply the waiver rule in this case where the petitioner, in advance of trial, fairly apprised the Court of the substance of his objection to the testimony and where on motion for a new trial the Court was again apprised of the petitioner’s contentions. “Making a motion to suppress or objecting to the testimony after the trial judge had overruled petitioner’s motion and held that there was probable cause for the arrest, would have been an idle ceremony and a useless gesture. The courts do not demand that counsel engage in futile efforts. The trial judge had ruled; the question had been resolved; there was nothing left to decide. Further effort would have been argumentative, repetitious and foredoomed to certain failure.” 572 S.W.2d at 649 .”

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

2. “This determination depends upon `whether at that moment the facts and circumstances within [the officers'] knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the petitioner had committed or was committing an offense.'”

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