Garner v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Garner's trial the issues were tightly focused. [The child] died from injuries which were [undeniably] the result of child abuse, and either Garner or J.H. inflicted the injuries. There was no question that J.H. had the opportunity to inflict the injuries since she had been alone with [the child]. Under these circumstances it was particularly critical for Garner's defense to present evidence which suggested that J.H., not Garner, had inflicted the injuries which killed [the child]. We agree with [the trial judge] that the offered evidence had some weaknesses[.] However, the jury could have reasoned that if J.H. had abused her own daughter, she might have been the person who abused [the child in this case].”

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

2. “Although relevant, evidence may be excluded if its probative value is outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.”

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