State v. Cannady’s Empirical Analysis

Citation profile

61 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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Not every instance in which the prosecution exceeds the limits of proper argument requires a mistrial or reversal. Such excesses not only must be improper but they also must have been prejudicial to the defendant under the facts and circumstances of the particular case. Ordinarily, the court’s admonition to the jury to disregard improper argument will be deemed to cure its prejudicial effect, State v. Dees, 631 S.W.2d 912, 918 (Mo.App.1982), unless the prosecutor, thereafter, fails to abandon the improper argument. State v. Davison, 601 S.W.2d 623, 627 (Mo.1980). In determining whether an improper argument was so clearly injurious that a new trial should be required, this court considers whether the trial court gave a cautionary instruction, whether the trial court gave a curative type instruction to disregard the improper comment and the strength of the State’s case. State v. Price, 541 S.W.2d 777, 779 (Mo.App.1976).”

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

2. “I'm going to object that this question is improper cross-examination for a character witness " [emphasis added] — that the trial court was informed that Defendant's objections had something to do with the fact that the witness was testifying about Defendant's reputation for truthfulness. Even then, the objection did not address the specific complaints Defendant now raises on appeal. "A point on appeal must be based upon the theory voiced in the objection at trial and a defendant cannot expand or change on appeal the objection as made.”

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

3. “In a plain error case, the alleged error is defectively preserved or not preserved at all. However, the court still may consider errors affecting substantial rights when it deems that manifest injustice or miscarriage of justice has resulted. Before applying the plain error rule, the court must find a “sound, substantial manifestation” and a “strong, clear showing” that injustice will result, and the appellant has the burden of proving that the error amounted to manifest injustice or miscarriage of justice.”

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