Browder v. State’s Empirical Analysis

Citation profile

1 district · 56 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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Prosecutors] may review the evidence and suggest to the jury inferences based thereon. The purpose of closing arguments is to allow counsel to offer ways of viewing the significance of the evidence.”

   8 later decisions quote this exact passage
   e.g. Schmunk v. State · McLaughlin v. State

2. “"it is unprofessional conduct for the prosecutor to express his or her personal belief or opinion as to the truth or falsity of any testimony or evidence of the guilt of the defendant." ABA Standards for Criminal Justice, The Prosecution Function, Standard 3-5.8 (1980). Prosecutors, as well as attorneys in general, acting as counsel in particular cases, are prohibited from attesting to facts or asserting as fact their personal beliefs relating to matters in issue. Ross v. State, 8 Wyo. [351,] at 372, 57 P. 924 [(1899)]. They are not to be witnesses testifying through their closing. Berger v. United States, 295 U.S. 78 , 55 S.Ct. 629 , 79 L.Ed. 1314 (1935).”

   2 later decisions quote this exact passage
   e.g. Derek Earl Hill v. State · Mazurek v. State

3. ““ ‘In order to invoke the plain-error doctrine, several elements must first be established. First, the record must clearly show what occurred at the trial without resort to speculation. Second, the existence of a clear and unequivocal rule of law must have been violated in an obvious way. And finally, this violation must have adversely affected some substantial right of the accused.’ ” Browder v. State, supra, at 895.”

   2 later decisions quote this exact passage
   e.g. Eckert v. State · McLaughlin v. State