State v. Gifford’s Empirical Analysis

Citation profile

2 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “after all of the instructions had been read to the jury, ... would result in the trial court withdrawing all instructions it had read to the jury, holding a second instruction conference, and conceivably re-numbering and redrawing instructions previously agreed to by all parties. This would throw a large spike into the gears of the wheel of justice, and would leave juries hopelessly confused in their role as fact-finders.”

   1 later decision quote this exact passage
   e.g. Joiner v. Auto-Owners Mutual Insurance Co.

2. “it seems to be only common sense to hold that such requests must come before or at the instruction conference, which takes place after all of the evidence is in, and before any ... instructions are read to the jury. In that way, the trial court, in calm deliberation, has the opportunity to consider what instructions should be given in light of the evidence that has just been heard.”

   1 later decision quote this exact passage
   e.g. Joiner v. Auto-Owners Mutual Insurance Co.

3. “when he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein.”

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