State v. Gail’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. Jury selection procedures in his case resulted in a venire in which African-Americans were underrepresented; 2. Ineffective assistance of trial and appellate counsel in failing to challenge the racial composition of the grand jury; 3. Grand jury procedures unconstitutionally undermined the independence of the grand jury; 4. The trial court erred in instructing the jury regarding the requirement of a unanimous verdict; 5. The trial court erred in failing to suppress the gun seized from the Plymouth apartment; 6. The trial court erred in failing to include an accomplice corroboration instruction with respect to witnesses Hollingsworth and Hill; 7. The trial court erred in failing to suppress the cell phone records; 8. The trial court erred in sequestering the jury and thereby causing the jury undue hardship; 9. The evidence was insufficient to uphold Gail’s conviction; 10. The trial court erred in its instruction on circumstantial evidence; 11. The prosecutor committed misconduct in introducing character evidence to prove Gail’s guilt; 12. The prosecutor committed misconduct in the closing argument by stating a personal opinion and vouching for the credibility of state witnesses; and 13. Ineffective assistance of trial and appellate counsel.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Gail v. State

2. “1. Was the search warrant issued for the search of the Plymouth apartment supported by probable cause? 2. Should the cell phone records provided by Verizon have been suppressed? 3. Did the court err in denying Gail’s motions to empanel a different jury venire because of underrepresentation of African-Americans or in denying Gail’s motion for additional discovery relating to the selection process for petit jury pools? 4. Was the evidence sufficient to support Gail’s conviction of first-degree felony murder? 5. Did the district court commit reversible error by failing, sua sponte, to allow the jury to decide whether a witness was an accomplice for purposes of giving an accomplice corroboration instruction? 6. Did the district court err in ordering that the jury be sequestered or in ordering that the jury begin deliberations on a Friday afternoon? 7. Did the State commit prosecutorial misconduct in closing argument?”

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

3. “[i]n this case, Gail was three steps removed from Verizon and the records it produced via the company’s “lease” to Larkins, Larkin’s “sub-lease” to Davis, and Davis’s “sub-sub-lease” to Gail_ Because two other people stood between Gail and Verizon ... we cannot conclude on this record that Gail subjectively expected Verizon to keep records of his cell phone usage private.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 2010 Pa. Super. 234 - Commonwealth v. Benson