Marker 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. “It was offered for a permissible purpose to show motive, the state of mind of Coleman, intent, purpose, and a continuing course of conduct. It was material because evidence of motive can lead to an inference of identity which is an element of this crime. That concept is appropriately stated in J. Wein-stein and M. Berger, 2 Weinstein’s Evidence, supra, § 404[14] at 404-108: “Motive has been defined as ‘supply[ing] the reason that nudges the will and prods the mind to indulge the criminal intent.’ Two evidentiary steps are involved. Evidence of other crimes is admitted to show that defendant has a reason for having the requisite state of mind to do the act charged, and from this mental state it is inferred that he did commit the act.” (Footnotes omitted.)”

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

2. “Wright and Graham, Federal Practice and Procedure: Evidence § 5239, pp. 465-466 (1978) states: “The exception [for proof of identity] is usually thought of as involving evidence of a method of committing crimes that is so distinctive as to constitute a ‘signature’ of the culprit. But this is only one way in which evidence of other crimes may serve to identify the actor. Identity may also be shown when the other crime establishes that the defendant is one of a limited class of persons with the capacity to commit the crime :Ji ⅝ ⅛ »”

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