Owens v. State’s Empirical Analysis

Citation profile

4 federal appellate · 15 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “take a gambler's risk and complain only if the cards [fall] the wrong way”

   7 later decisions quote this exact passage
   e.g. Zeciri v. State · Leggett v. State

2. “Some action by the defense, either a mistrial motion or a request for examination of the jury, is necessary in order to allow the trial judge to consider whether a declaration of mistrial is in fact appropriate, or whether a cautionary instruction to the jury will suffice to counteract its exposure to the out-of-court publicity or information. Ordinarily the absence of such action by the defense will waive the defendant’s right to assert the error on appeal.”

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

3. “We conclude that the trial court here could have cured any possible prejudice with an instruction to the jury that they were to determine guilt or innocence solely on the basis of the evidence admitted at trial. Because Owens objected to this procedure, he has waived his right to raise on appeal this issue.”

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