Gresham v. State’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It must be clear from the record, without resort to speculation or equivocal reference, exactly what occurred at trial. The proponent of the doctrine [plain error] must demonstrate the existence of a clear and unequivocal rule of law; and the particular facts of the case must clearly and obviously, not just arguably, transgress that rule. Finally, once these criteria have been met, it must be shown that some substantial right of the accused has been adversely affected. These criteria apply even when constitutional error is alleged; and unless each one of them is satisfied, any claim for review under the plain-error doctrine must fail.””

   2 later decisions quote this exact passage
   e.g. Russell v. State · Vigil v. State

2. “(e) Examination of jurors. — After the jury panel is qualified the attorneys or a pro se defendant, shall be entitled to conduct the examination of prospective jurors, but such examination shall be under the supervision and control of the judge, and the judge may conduct such further examination as the judge deems proper. The judge may assume the examination if counsel or a pro se defendant fail to follow this rule. If the judge assumes the examination, the judge may permit counsel or a pro se defendant to submit questions in writing. The examination shall be on the record. (1) The only purpose of the examination is to select a panel of jurors who will fairly and impartially hear the evidence and render a just verdict. (2) The court shall not permit counsel or a pro se defendant to attempt to precondition prospective jurors to a particular result, comment on the personal lives and families of the parties or their attorneys, nor question jurors concerning the pleadings, the law, the meaning of words, or the comfort of jurors. (3) In voir dire examination counsel or a pro se defendant shall not: (A) Ask questions of an individual juror that can be asked of the panel or a group of jurors collectively; (B) Ask questions answered in a juror questionnaire except to explain an answer; (C) Repeat a question asked and answered; (D) Instruct the jury on the law or argue the case; (E) Ask a juror what the juror’s verdict might be under any hypothetical circumstance.”

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

3. ““MR. HONAKER: Can you kind of tell me how well you knew Jim Richmond, in some detail? “MRS. DRYSDALE: Well, I didn’t know him that well. A couple of my girlfriends had gone out with him. And I just saw him day to day at work. I’m a clerk; he’s a brakeman. ****** “MR. HONAKER: How do you feel — if you were sitting over there and you were the Defendant, would you be comfortable with a person in your frame of mind sitting on your case? “MRS. DRYSDALE: I don’t think so. “MR. HONAKER: Tell us why you wouldn’t be comfortable. “MRS. DRYSDALE: I guess I’m prejudiced because I knew him. I don’t know. “MR. HONAKER: Your Honor, I think based on her answers, I challenge for cause. “THE COURT: Mrs. Drysdale, I don’t know whether you understand what’s going on here or not. What I want to know is this: Do you think you could sit here and listen to the evidence brought forth in this court and decide the case solely on that evidence, pursuant to the instructions of the Court given to you on the law? “MRS. DRYSDALE: I think I could, yes. ****** “MR. HONAKER: But why would it be that you wouldn’t be comfortable with a juror of your frame of mind sitting on your case? “MRS. DRYSDALE: It’s just like I said before, because I knew him, you know. I guess the evidence would have — I don’t know. “MR. HONAKER: Because you knew him, you think the evidence would have to what? “MRS. DRYSDALE: I said the evidence would have to be overwhelming.””

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