Castro v. Sullivan’s Empirical Analysis

Citation profile

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

1. “Specifically, petitioner objects to a prosecution argument supporting Montenegro’s identification of petitioner as the perpetrator of the robbery and killing. In summation, the prosecutor described human memory of any traumatic event as “like a camera, [which] takes a picture and that picture is stored on the film and that film is memory.” Thus, according to the prosecutor, an image of the individuals involved in the November 13, 1980 shooting “was burned on his [Montenegro’s] mind_” Transcript, at 603. In this case, the prosecutor’s remarks were clearly in the realm of argument, rather than a recitation of facts extrinsic to the record. Indeed, to the extent they could be construed as factual, the judge properly admonished the jury to disregard them, during his charge: In making the factual determination on which your verdict will be based, you may consider only the testimony of the witnesses as you have heard it in this courtroom and exhibits received in evidence and the stipulations. Comments, remarks and summation by opposing attorneys are not evidence nor anything I have said with regard to the facts is evidence. Transcript, at 665-66. Such an instruction is sufficient to cure any prejudice that could have resulted from the prosecution’s argument. See, e.g., Donnelly v. DeChristoforo, 416 U.S. 637, 644 , 94 S.Ct. 1868, 1872 , 40 L.Ed.2d 431 (1974); Payne v. Jones, 638 F.Supp. 669 , 676 (E.D.N.Y.1986) [, aff'd, 812 F.2d 712 (2d Cir.1987)]; Snow v. Reid, 619 F.Supp. 579, 5”

   1 later decision quote this exact passage · from the majority
   e.g. 754 F. Supp. 1010 - Minor v. Henderson