Garner v. State’s Empirical Analysis

Citation profile

105 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 105 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A prosecutor] is . . . the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor — indeed he should do so. But while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.”

   3 later decisions quote this exact passage
   e.g. Schoels v. State · Kelly v. State

2. “[Tjhis court has established certain guidelines to be followed in exercising its discretion [in determining whether the error was harmless]. These include whether the issue of innocence or guilt is close, the quantity and character of the error and the gravity of the harm charged. Underlying each of these factors is the “supervisory function of the appellate court in maintaining the standards of the trial bench and bar, to the end that all defendants will be accorded a fair trial.””

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

3. “As a general rule, the failure to object, . . . will preclude appellate consideration. . . . However, where the errors are patently prejudicial and inevitably inflame or excite the passions of the jurors against the accused, the general rule does not apply. . . . An accused, whether guilty or innocent, is entitled to a fair trial, and it is the duty of the court and the prosecutor to see that he gets it.”

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