Clemmons v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Hopkins the court expressed a concern that, in some cases, conflicting opinions of experts do not benefit, but rather confuse, jurors. For instance, in this case admitting the appellant's witness’ testimony would have invited the State to respond with its own expert witness. Where would this leave the jury? There are more traditional means of demonstrating to the jury an accused’s likelihood of more positively responding to probation as opposed to imprisonment. Here, appellant’s counsel called appellant’s parents and grandmother to attest to his being worthy of probation. Appellant himself testified to his understanding of the probation terms and his willingness to abide by them.”

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