State v. Garrett’s Empirical Analysis

Citation profile

2 federal appellate · 35 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appellant’s counsel opened his examination with a series of remarks and questions, in the nature of remarks, related to the presumption of innocence. Compare State v. Cheesebrew, 575 S.W.2d 218 (Mo.App.1978). He then asked the jurors who presumed the appellant to be innocent to raise their hands. Only ten did and on that basis the appellant challenged the entire panel. The court then instructed the jury that the law presumes every defendant innocent. The court then asked those willing to follow that presumption to raise their hands and all the jurors did so. The challenge was overruled.... [AJfter an explanation of the presumption each juror without reservation signified an ability to abide by the presumption. The action of the trial court in overruling the challenge was not error.”

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

2. “A constitutional rule was laid down in that case that a jury is not to hear a confession unless and until the trial judge has determined that it was freely and voluntarily given. The rule allows the jury, if it so chooses, to give absolutely no weight to the confession in determining the guilt or innocence of the defendant but it is not for the jury to make the primary determination of vol-untariness. Although the judge need not make formal findings of fact or write an opinion, his conclusion that the confession is voluntary must appear from the record with unmistakable clarity.”

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