Feeney v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “On appeal it is presumed, in cases tried by a court without a jury, that the court in reaching its decision disregarded improperly admitted evidence unless the record affirmatively shows that the trial court's decision was influenced by improperly admitted evidence. X v. ¥, Wyo., 482 P.2d 688 (1971). The reason behind the rule is amply explained in Yount v. Strickland, 17 Wyo. 526 , 101 P. 942, 944 (1909), which held that, since a trial judge can "sift the wheat from the chaff," in a case tried by a court without a jury, the admission of incompetent evidence is not presumed to be prejudicial. Cooley v. Frank, 68 Wyo. 436 , 235 P.2d 446 (1951); Russell v. Curran, 66 Wyo. 173 , 206 P.2d 1159 (1949); Williams v. Yocum, 37 Wyo. 432 , 263 P. 607 (1928). [Footnote 1 omitted.] This is the general rule as also expressed in 5 C.J.S. Appeal and Error § 1564(5), and 5A C.J.S. Appeal and Error § 1728. Thus, the rule presumes that the judge will disregard the inadmissible evidence in making a decision. In this case, the trial judge even acknowledged on the record that the evidence that appellant refused to take a field sobriety test would be disregarded when making a decision. There is sufficient evidence in the record absent the evidence that Feeney refused the test for proper conviction of driving while under the influence, and therefore no error was committed. Herman v. Speed King Manufacturing Company, [Wyo., 675 P.2d 1271 (1984)] supra. 2”

   1 later decision quote this exact passage
   e.g. Donnelly v. Donnelly

2. ““ ‘Error in admitting evidence which has been presented by or on behalf of one party is cured where practically the same evidence * * * is elicited on cross-examination [from the objecting party.]’ ” Feeney v. State, Wyo., 714 P.2d 1229, 1230-1231 (1986), quoting 5A C.J.S. Appeal and Error § 1735(b).”

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

3. “that the court in reaching its decision disregarded improperly admitted evidence unless the record affirmatively shows that the trial court's decision was influenced by improperly admitted evidence.”

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