Miller v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he balancing of prejudice against probative worth is ordinarily a discretionary matter for the trial court. . .”

   2 later decisions quote this exact passage
   e.g. Sanchez v. State · Cramer v. Powder River Coal, LLC

2. “(a) General rule. — For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record during cross-examination but only if the crime (1) was punishable by death or imprisonment in excess of one (1) year under the law under which he was convicted, and the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the defendant, or (2) involved dishonesty or false statement, regardless of the punishment.”

   1 later decision quote this exact passage · from the dissent
   e.g. Gentry v. State

3. “When the defendant is impeached by a prior conviction, the question of prejudice, as Congress well knew, is not if but how much. Congress in Rule 609(a)(1) therefore instructed the courts to admit evi-denee of a prior felony conviction only if ... the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the defendant.”

   1 later decision quote this exact passage
   e.g. Gregory M. Toth v. State