Noetzelmann v. State’s Empirical Analysis

Citation profile

34 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(b) Other crimes, wrongs, or acts. — Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.”

   2 later decisions quote this exact passage
   e.g. Pino v. State · Lauthern v. State

2. ““If these two elements are present and prejudice results from the failure to instruct, * * * the error requires reversal.” Stapleman v. State, Wyo., 680 P.2d 73, 77 (1984). In determining whether an instruction in favor of an accused should be given, the evidence must be viewed in a light as favorable to him as is justifiable.”

   2 later decisions quote this exact passage
   e.g. McInturff v. State · Simonds v. State

3. “In the present case, the prosecutor began his closing argument by carefully informing the jury that one of its duties was to weigh and consider the evidence and the credibility of the witnesses. He emphasized that it was the jury’s function to decide whom to believe. He then asked the jury to keep in mind that nothing said by counsel was evidence. After appellant’s objection to the prosecutor’s statement that he did not think the State’s witnesses lied, the court ruled that the remark was improper. However, in light of other remarks in both opening and closing arguments, the trial court did not find that the remark required a mistrial. The court, instead, cautioned the prosecutor that if any farther expressions of personal belief were made during closing arguments, a directed verdict would be entered in favor of appellant. Thereafter, the prosecutor’s comments were entirely proper. The scope of permissible argument, as well as the injury caused by improper argument, is best left to the trial court. Hopkinson v. State, Wyo., 632 P.2d 79 (1981), cert. denied 455 U.S. 922 , 102 S.Ct. 1280 , 71 L.Ed.2d 463 (1982). We will not reverse the trial court’s determination absent a showing that it was without legitimate basis. Hopkinson v. State, supra. Under the circumstances presented here, we find that the trial court’s determination to not grant appellant’s motion for a mistrial was legitimate, and we, therefore, find no abuse of discretion.”

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