Delk v. State’s Empirical Analysis

Citation profile

41 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the line between harmless and prejudicial error is in direct proportion to the degree of the margin by which the proof exceeds the standard required”

   2 later decisions quote this exact passage
   e.g. State v. Smith · State v. Powers

2. “The time of [the papers’] appearance on Rose Claiborne’s [sic] property gave rise to an inference that they may have been taken by the killer of Harry Gibson [sic]. Likewise, it was relevant to show that defendant had the opportunity to hand any papers he may have taken from the market to his brother, Dan Delk, and that Dan Delk traversed the road past Rose Claiborne’s [sic] house during the time frame of their appearance at that place.... The fact that the State failed to elicit from the two passengers testimony that Dan Delk did in fact throw papers from the car does not render their testimony inadmissible, but merely goes to the probative value of the State’s theory of defendant’s complicity in the episode ....”

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

3. “1) the witness had knowledge of material facts; 2) that a relationship exists between the witness and the party that would naturally incline the witness to favor the party; and 3) that the missing witness was available to the process of the court for trial.”

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