State v. Lunati’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The court, on motion of the State or on motion of the defendant other than under subdivision (c)(1), shall grant a severance if: (i) Before trial, it is deemed necessary to protect a defendant’s right to speedy trial or it is deemed appropriate to promote a fair determination of the guilt or innocence of the defendants; or (ii) During trial, with consent of the defendant to be severed, it is deemed necessary to achieve a fair determination of the guilt or innocence of one or more defendants.”

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

2. “1. The conduct complained of viewed in context and in light of the facts and circumstances of the case. 2. The curative measures undertaken by the court and the prosecution. 3. The intent of the prosecutor in making the improper statement. 4. The cumulative effect of the improper conduct and any other errors in the record. 5. The relative strength or weakness of the case.”

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