State v. Ogle’s Empirical Analysis

Citation profile

22 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. “Although, as a general rule, the appellate courts of this State do not consider issues that are not raised in the trial court, State v. Pritchett, Tenn., 621 S.W.2d 127, 135 (1981), plain error is a proper consideration for an appellate court whether properly assigned or not. State v. Mackey, Tenn., 553 S.W.2d 337, 340 (1977); Davidson v. State, 223 Tenn. 193, 443 S.W.2d 457 (1969). Rule 52(b), Tennessee Rules of Criminal Procedure, states that an error affecting ‘the substantial rights of the accused’ may be noticed at any time ‘where necessary to do substantial justice.’”

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

2. “Whether or not an appellate court should recognize the error and grant relief in the absence of an objection in the trial court must depend upon the facts and circumstances of the particular case.”

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

3. “(1) the statement constitutes plain error; (2) the statement was an important part of the state’s case; and (3) the objection was not intentionally waived for tactical purposes.”

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