State v. Browner’s Empirical Analysis

Citation profile

2 federal appellate · 30 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The scope and extent of the opening statement is largely within the discretion of the trial court, and the trial court must necessarily rely on the good faith of counsel in making their opening statements to a jury as to material facts they intend to prove. The mere fact that no evidence is adduced as to some of the precise facts related to the jury in the opening statement is not sufficient to constitute error so prejudicial as to require the reversal of a conviction except where it can be established, directly or by inference, that counsel making such statement had not intended to or knew that he could not, produce testimony to support such statement when made.””

   2 later decisions quote this exact passage
   e.g. State v. Donaldson · State v. Green

2. “must recognize the fact that the trial court is in a better position to observe what effect, if any, the juror's allegedly prejudicial statement had on his or her fellow jurors”

   1 later decision quote this exact passage
   e.g. 755 So. 2d 845 - State v. Lucky