Nix v. State’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Despite the foregoing, we think it appropriate to note our agreement with the criticism which has been directed against a procedural rule which permits the join-der of offenses of the same or similar character. We think that in general such joinders are to be avoided and that in those instances where the prosecution has joined offenses of the same or similar character the court, on motion by the <accused, should grant a severance of such changes [sic].”

   2 later decisions quote this exact passage
   e.g. Montes v. State · Johnson v. State

2. “Consequently, we must determine whether evidence regarding the attack on each of Nix’s alleged victims would have been admissible in the trial of each of the other charges if the charges had been separately tried. If there was common admissibility, then the trial court did not err in denying the motion for severance. Conversely, if evidence of one or more of the offenses could not have been admitted in a trial of the other offenses, then Nix suffered error. A reversal is mandatory if the error was prejudicial.”

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

3. “Joinder of offenses. Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies, misdemeanors or both, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan.”

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