State v. Breen’s Empirical Analysis

Citation profile

53 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It is trae that there exists a narrow exception to our 'raise-or-waive' rule. State v. Mastracchio, 672 A.2d 438, 446 (R.I.1996). For that exception to apply, however, 'the alleged error must be more than harmless, and the exception must implicate an issue of constitutional dimension derived from a novel rale of law that could not reasonably have been known to counsel at the time of trial.’ State v. Breen, 767 A.2d 50, 57 (R.I.2001)[.]””

   4 later decisions quote this exact passage
   e.g. State v. Bruce MacNeil · State v. Kaba

2. ““It is well established in this jurisdiction that ‘[i]n considering a motion for judgment of acquittal, a trial justice must view the evidence in the light most favorable to the state, without weighing the evidence or assessing the credibility of the witnesses, in fact giving full credibility to the state’s witnesses, and draw therefrom all reasonable inferences consistent with guilt. * * * If the totality of the evidence so viewed and the inferences so drawn would justify a reasonable juror in finding a defendant guilty beyond a reasonable doubt, the motion for judgment of acquittal must be denied. * * * In reviewing a trial justice’s denial of such a motion, this Court applies the same standard as the tribunal below.’” State v. Breen, 767 A.2d 50, 55 (R.I.2001) (quoting State v. Snow, 670 A.2d 239, 243 (R.I.1996)).”

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

3. “The ultimate determination [under Rule 403] of the effect of * * * evidence is within the trial justice's discretion”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Kaba