Dial v. State’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Undersigned has been directed by Court of Appeals to respond to averments in petitioner’s Petition for Rule 32; thus as to petitioner’s “Count I: Court’s instructions on principal offense and lesser included offenses are a matter of record and may be reviewed by appellate court. “Undersigned maintains that the jury was properly instructed as evidenced by the record. “Count II: Undersigned has reviewed the tape of the court’s instructions referenced by the Court of Appeals in order or remand. The court reporter did, in fact, incorrectly punctuate a portion of the charge as evidenced by the tape. “The correct written translation of what was said would be: “The State, in order to sustain a conviction for the attempted murder offense charge, would have to prove to you that, first of all, Kenneth Winston Dial is the shooter. They have to prove that in any of the offenses charged, and obviously, that’s the threshold or first finding that you must make in order to convict this man of any offense — I am convinced beyond a reasonable doubt or to a moral certainty that Kenneth Dial is the shooter. “The inflection and intonation in the delivery of this statement make it abundantly clear that your writer was speaking from the juror’s perspective. Obviously, no one upon hearing the court’s charge to the jury thought otherwise. “Undersigned will provide a copy of said tape if the appellate court wishes. “The appellate court’s cautionary note is duly noted and appreciated by your writer. “”

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