Shanks v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “because the contested evidence was admissible at the time of trial In most cases employing the presumption, the evidence is inadmissible, but comes in anyway, usually because no objection is posed. Where inadmissible evidence comes in without intervention of the judge, he or she may be presumed to know that the evidence is infact inadmissible and should be disregarded. However, there is no reason to presume the judge would disregard evidence that was admissible at the time and, therefore, presumably relevant.”

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

2. “lessen[ ] the probability that the inadmissible evidence had a prejudicial impact upon the trier of fact.” Id. at 739 (majority opinion). These phrases are typical of harmless error analysis. E.g., Davis v. State, 598 N.E.2d 1041, 1048 (Ind.1992) (using phrase”

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

3. “According ly, we hold that where heretofore admissible evidence becomes inadmissible, the presumption does not apply.”

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