State v. Miller’s Empirical Analysis

Citation profile

20 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) Reputation or opinion. ... [Pjroof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct. (b) Specific instances of conduct. In cases in which character or a trait of character of a person is [an] essential element of a charge, claim, or defense, proof may also be made of specific instances of his conduct.”

   2 later decisions quote this exact passage
   e.g. State v. Martin · State v. Lenaburg

2. “incongruity of [the defendant's] personality traits with those of individuals capable of and likely to commit sexual offenses against children”

   2 later decisions quote this exact passage
   e.g. State v. Gallegos · McCloud v. State

3. “[T]he only means of determining the question of guilt or innocence was by deciding whether the victim or the appellant was telling the truth. The jury obviously believed beyond a reasonable doubt that the victim’s testimony was true, and there is no basis for our overturning that verdict.”

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