62 Wash. 2d 247 - State v. Bogner’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`All remarks and observations as to the facts before the jury are positively prohibited.'”

   2 later decisions quote this exact passage · from the majority
   e.g. 67 Wash. 2d 681 - State v. Willis · State v. Francisco

2. “The constitution has made the jury the sole judge of the weight of the testimony and of the credibility of the witnesses, and it is a fact well and universally known by courts and practitioners that the ordinary juror is always anxious to obtain the opinion of the court on matters which are submitted to his discretion, and that such opinion, if known to the juror, has a great influence upon the final determination of the issues.”

   1 later decision quote this exact passage
   e.g. 125 Wash. 2d 825 - State v. Lane

3. “[e]ven if the evidence commented upon is undisputed, or "overwhelming,” a comment by the trial court, in violation of the constitutional injunction, is reversible error unless it is apparent that the remark could not have influenced the jury.”

   1 later decision quote this exact passage · from the majority
   e.g. 125 Wash. 2d 825 - State v. Lane