McCarthy v. State’s Empirical Analysis

Citation profile

41 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A confession is likely to leave ah indelible impact on a jury. “If the jury believes that a defendant has admitted the crime, it will doubtless be tempted to rest its decision on that evidence alone, without careful consideration of the other evidence in the case. Apart, perhaps, from a videotape of the crime, one would have difficulty finding evidence more damaging to a criminal defendant’s plea of innocence.” Fulminante, 499 U.S. at 313 , 111 S.Ct. 1246 (Kennedy, J., concurring).”

   3 later decisions quote this exact passage · from the majority
   e.g. Timothy Hutchison v. State · Martinez v. State

2. “If there is a reasonable likelihood that the error materially affected the jury's deliberations, then the error is not harmless beyond a reasonable doubt.”

   2 later decisions quote this exact passage · from the majority
   e.g. Martinez v. State · Wappler v. State

3. “Early Tuesday morning about 1:30 a.m., drugs were delivered to me at my residence by "Kilo” and two guys I met in South Dallas selling drugs, about a month or so ago. Both guys stayed at my residence & partied with me. After my money & the drugs ran out, they asked if I could get some more money. I told them no. They asked me if I knew any of my neighbors I could borrow money from & I said no, not at that hour & that I had to go to work. At that time they began to be verbally abusive & threatening to harm me if I didn’t. I called my neighbor "Dorothy Booth”. I’m not sure of the time & got no answer. I waited a while & called back, she answered. "Kilo” told me to hang up & I did. He told me to call back & ask her to borrow some sugar or milk instead of money over the phone, because they were going to rob her & take the car. I called back & asked to borrow sugar, she said ok. Kilo & J.C. followed me to her house, when she opened the door & saw me, to let me in they both pushed the door open & knocked her down. I was shoved back outside to her car. The driver side was unlocked & I was told to stay there & lay down in the front seat. Several minutes later they both came out with her car keys, purse, & CD player. Both guys went back into my house & came out with a jam box, cordless phone & caller ID. They told me to drive to Mi Amore motel on second avenue to make a pick up. I was told to park on the next street over & wait for them. After about 3-5 minutes or so I drove off with ”

   1 later decision quote this exact passage · from the concurrence
   e.g. 482 F. App'x 898 - Kimberly McCarthy v. Rick Thaler, Director