Baxter v. State’s Empirical Analysis

Citation profile

2 federal appellate · 7 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) prosecutorial overreaching, through threats, harassment, or other forms of intimidation, has effectively forced the witness to invoke the Fifth Amendment, or the prosecutor has engaged in discriminatory use of immunity grants to gain a tactical advantage; (b) the witness's testimony is also material, exeul- patory, and not cumulative; and (c) the defendant has no other way to obtain the evidence.”

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

2. “When an irregularity such as this ... occurs harm will be presumed, and if the irregularity is not explained, a reversal of the judgment should follow. However, if an explanation for the alleged misconduct is offered, and if this Court is satisfied that no harm or prejudice resulted, then the judgment of the trial court will not be disturbed.”

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

3. “there [is] a presumption of harm to the defendant that the State must rebut to avoid reversal.”

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