State v. Gallagher’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As a general rule, evidence that shows or tends to indicate that the accused has participated in a crime for which he or she is not on trial, even if it is the same type of crime, is irrelevant and inadmissible. State v. Cardoza, 465 A.2d 200, 202 (R.I.1983); State v. Jalette, 119 R.I. 614, 624 , 382 A.2d 526, 531 (1978); State v. Mastracchio, 112 R.I. 487, 493 , 312 A.2d 190, 194 (1973). `The overriding policy of excluding such evidence * * * is the practical experience that its disallowance tends to prevent confusion of issues, unfair surprise and undue prejudice.' State v. Colvin, 425 A.2d 508, 511 (R.I.1981) (quoting Michelson v. United States, 335 U.S. 469, 476 , 69 S.Ct. 213, 218-19 , 93 L.Ed. 168 , 174 (1948)). When a jury is allowed toconsider independent crimes for which a defendant is not on trial, a real possibility exists that such indication of bad character or bad acts would create prejudice in the minds of the jurors and improperly influence their decision in regard to the crimes charged. Colvin, 425 A.2d at 511 . The danger is that jurors may believe that the prior crimes or bad acts denote a propensity in a defendant to commit the crime with which he or she is charged. In these circumstances the potential for prejudice outweighs the probative value of such evidence, and it is therefore inadmissible. State v. Brown, 626 A.2d 228, 233 (R.I.1993); State v. Chartier, 619 A.2d 1119, 1122 (R.I.1993).”

   2 later decisions quote this exact passage
   e.g. State v. Garcia · State v. Mohapatra

2. “"Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident, or to prove that defendant feared imminent bodily harm and that the fear was reasonable.””

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

3. “As a general rule, evidence that shows or tends to indicate that the accused has participated in a crime for which he or she is not on trial, even if it is the same type of crime, is irrelevant and inadmissible.”

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