Borjan v. State’s Empirical Analysis

Citation profile

2 federal appellate · 95 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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “designed to arouse the passion and prejudices of the jury and as such are highly inappropriate.”

   3 later decisions quote this exact passage · from the majority
   e.g. Zunker v. State · Klock v. State

2. “[T]he prosecutor's reference to the 'victims of other crimes' and 'the ones who never come and tell you about it' was an appeal to the jury to consider the impact of their verdict on sexually abused children in general, or whether, the prosecutor's argument called on the jury to consider either the existence of other adolescent victims of the appellant or to assess the appellant further punishment because other children have been victimized.”

   2 later decisions quote this exact passage · from the majority
   e.g. Scott, Orian Lee · Reed v. State

3. “A prosecuting attorney is permitted in his argument to draw from the facts in evidence all inferences which are reasonable, fair, and legitimate, but he may not use jury argument to get before the jury, either directly or indirectly, evidence which is outside the record. A prosecuting attorney, though free to strike hard blows, is not at liberty to strike foul ones, either directly or indirectly.”

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