State v. Dolloff’s Empirical Analysis

Citation profile

88 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 91 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “For us to vacate a conviction based on the obvious error standard of review, there must be (1) an error, (2) that is plain, and (3) that affects substantial rights. If these conditions are met, we will exercise our discretion to notice an unpreserved error only if we also conclude that (4) the error seriously affects the fairness and integrity or public reputation of judicial proceedings.”

   2 later decisions quote this exact passage
   e.g. State v. Haji-Hassan · State of Maine v. Jason M. Lovejoy

2. “When a prosecutor's statement is not sufficient to draw an objection, particularly when viewed in the overall context of the trial, that statement will rarely be found to have created a reasonable probability that it affected the outcome of the proceeding.”

   2 later decisions quote this exact passage
   e.g. State v. Ayotte · State of Maine v. Eric Nobles

3. “[w]hen an objection has been made to a .prosecutor’s statements at trial, we review to determine whether there, was actual misconduct, and, if so, whether ,the trial court’s response remedied any prejudice resulting from the misconduct. We generally defer to the determination of a presiding Justice, who has the immediate feel of what’is transpiring, that a curative instruction will adequately protect against the jury’s giving consideration to matters which have been heard but have been stricken as evidence. Any concern created by improper statements made by a prosecutor is likely to be cured by a prompt and appropriate' curative instruction, especially when such an instruction is specifically addressed to the prosecutor’s misconduct. Finally, we determine whether, if error exists, it was harmless. Only where there are exceptionally prejudicial circumstances or prosecutorial bad faith will a curative instruction be deemed inadequate to eliminate prejudice.”

   1 later decision quote this exact passage
   e.g. State of Maine v. Andrew B. Maderios