State v. Long’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is axiomatic that an accused is entitled to a fair trial and that it is the duty of the prosecutor to see that he gets one. When argument goes beyond bounds so as to excite and inflame passion or prejudice, the argument is error. It is however, equally well settled that the trial court has wide discretion in ruling on closing argument and in determining whether a comment is prejudicial.” “A conviction will be reversed for improper argument only if it is established that the argument or the comments had a decisive effect on the jury verdict or that the trial court abused its discretion.” “The trial court did not abuse its discretion in overruling objections to the prosecutor in the total context of arguments made by defense counsel and comments by the prosecutor. The prosecutor’s argument principally referred to [separate issues of identification].””

   2 later decisions quote this exact passage
   e.g. State v. White · State v. Rath

2. ““The ... remark was not spoken in such terms as would spark personal fear in the jurors. Further, the prosecutor’s argument focused principally on Victim’s identification of Defendant and the corroborating details about the car and gun. Considering these factors, we find [the] prosecutor’s brief remarks could not have elicited such prejudice so as to have had a decisive effect on the case and the trial court did not abuse its discretion.””

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